Charles D. Kaier Co. v. O'brien

Citations

• 202 Pa. 153
• 51 A. 760
• 1902 Pa. LEXIS 484

Syllabus

<p>Judgment — Opening judgment — Discretion of court — Evidence.</p> <p>An application to open a judgment entered on a warrant of attorney is addressed to the equitable powers of the court, and on appeal the question is whether there had been a rightful exercise of discretion. The measure of proof required to send a case to the jury cannot be defined by rule, but it may be said that while a mere conflict of evidence is not generally sufficient, the defendant should be allowed a trial where he has shown by a preponderance of evidence, sufficient to sustain a verdict in his favor, that he has a just defense.</p> <p>A rule to open a judgment entered on a bond against two sureties should be made absolute, where it is shown that as to one of the sureties the signature was not genuine and there is no testimony that he authorized any one to sign the bond for him, and that as to the other surety, all the members of his family testified that the alleged signature was a forgery, and there was no evidence that any one saw him sign the bond, or knew that he had ever been asked to sign it, and no one testified that the signature was his.</p>