Groninger v. Acker

Citations

• 32 Pa. Super. 124
• 1906 Pa. Super. LEXIS 298

Syllabus

<p>Judgment — Opening judgment — Evidence—Discretion of court.</p> <p>■ The unsupported testimony of a defendant in a confessed judgment admitting the execution of the instrument upon which the judgment was entered, but alleging fraud in the procurement or use of it, which is directly opposed by the testimony of the plaintiff, is insufficient to warrant the opening of the judgment, or to be submitted to the jury on the trial of an issue awarded.</p> <p>The court to which an application is made to open a judgment may judge the weight of the evidence and the credibility of the witnesses, and is not bound, even where there is a conflict of testimony, to send the case to the jury. The whole proceeding resolves itself into the exercise of a sound judicial discretion.</p>