Freeman v. Sanner

Citations

• 11 Pa. Super. 42
• 1899 Pa. Super. LEXIS 102

Syllabus

<p>Practice, Superior Court — Appeals—Refusal to open judgment.</p> <p>On appeal from the decision of the common pleas refusing to open a judgment, the appellant must show wherein the legal discretion vested in that tribunal has been abused.</p> <p>Opening judgment — Error must be based on all testimony.</p> <p>The right to decide whether a judgment shall be opened rests in the first instance, with the common pleas, and its decision will not be set aside unless it plainly appears that error has been committed in the result reached.</p> <p>The appellate court will not interfere with the judgment merely because part of the testimony submitted, considered apart from all the evidence offered, would warrant a reversal. It must clearly appear that the conclusion of the court below, based on all the testimony in the case, was erroneous.</p>