Ellis v. Ambler

Citations

• 11 Pa. Super. 406
• 1899 Pa. Super. LEXIS 149

Syllabus

<p>Appeal — Opening judgment — Chancery powers — Weight of evidence.</p> <p>An application to open a judgment, entered on warrant of attorney, is addressed to the equitable powers of the court below, and upon appeal, under the Act of April 4,1877, P. L. 58, the question is, whether the court below rightly exercised its discretion upon the evidence. The judge to whom the application is made acts as a chancellor; he may not open the judgment unless there is more than oath against oath; when there is more than this and it becomes a question of the weight of the evidence, it is for him to decide to which side the scales incline.</p> <p>Landlord and tenant — Amicable judgment — Ejectment—Money damages for rent.</p> <p>A warrant of attorney in a lease to confess judgment against the lessee in an amicable action of ejectment, authorizing an habere facias to issue without prior writ, provided an affidavit should be filed setting forth the facts necessary to authorize the entry of judgment, does not warrant an assessment of money damages for rent in arrear.</p>