Fisher v. Holbrook

Citations

• 7 Pa. Super. 647
• 1898 Pa. Super. LEXIS 360

Syllabus

<p>Judgment — Proof necessary to move chancellor to open.</p> <p>It is difficult to lay down the precise measure of proof which should move a chancellor to open a judgment. That he may not act unless there is more than oath against oath is a familiar rule in chancery practice; where there is more than this, and when it comes to a question of the weight of the evidence it is for him to decide to which side the scales incline. If he is in doubt upon this question, or as to the credibility of witnesses, a prudent course would suggest the aid of a jury.</p>