Hall v. Applebee

Citations

• 126 Pa. 385
• 17 A. 672
• 1889 Pa. LEXIS 883

Syllabus

<p>1. An application to open a judgment entered upon a warrant of attorney or judgment note is an equitable proceeding, addressed to the discretion of the court, and is to bo disposed of in accordance with the principles of equity: the judge to whom the application is made acts as a chancellor, and upon appeal the Supreme Court will see only that his discretion has been properly exercised.</p> <p>2. That there is a conflict in the testimony filed by the parties is no reason why the judgment should be opened: the court to which the application is made has a right to pass upon the evidence, and in this case did so; besides, the note was given in 1875, judgment entered in 1881, and the motion to open was made in 1888.</p>