Hirschlan v. Krechman

Citations

• 20 Pa. Super. 227
• 1902 Pa. Super. LEXIS 214

Syllabus

<p>Judgment — Opening judgment — Evidence—Laches.</p> <p>An application to open a judgment is an equitable proceeding. The court acts as a chancellor and is controlled by equitable principles. Gross laches is a circumstance of great and sometimes controlling weight and cannot properly be ignored by a court exercising the powers of a court of chancery. It is a mistake to suppose that the court to which the application is made, cannot judge of the weight of the evidence and the credibility of the witnesses but must in every case, where there is a conflict of testimony, send the case to a jury.</p> <p>A judgment entered on a judgment note executed by a married woman will not be opened on the ground that the defendant’s signature was procured by threats, where it appears that the defendant delayed for six months to move to have the judgment opened, and that her testimony in support of the application was conflicting and contradictory.</p>