Humphrey v. Tozier

Citations

• 154 Pa. 410
• 26 A. 542
• 1893 Pa. LEXIS 905

Syllabus

<p>Practice, Supreme Court — Opening judgment — Lost testimony.</p> <p>The Supreme Court will not review an order of the court of common pleas refusing to open a judgment, where the plaintiff's testimony is not brought up with the record.</p> <p>If such testimony has been lost or mislaid, it must be supplied in the proper way, and the alleged substance of the testimony, not assented to by the plaintiff, nor approved by the court below, will not be considered by the Supreme Court.</p> <p>Judgment — Estoppel—Declaration of no defence.</p> <p>A declaration by the maker of a judgment note to a person intending to purchase the note, that it was good and would be paid, followed by an offer to pay the holder of the note before or about the time of its maturity, will, it seems, estop the maker from instituting proceedings to open a judgment entered upon the note.</p>