Hunter ex rel. Holgate v. Mahoney

Citations

• 148 Pa. 232
• 23 A. 1004
• 1892 Pa. LEXIS 960

Syllabus

<p>Judgment note — Opening of judgment — Discretion of court.</p> <p>The opening of a judgment is an equitable proceeding within the discretion of the court, and the Supreme Court, on appeal, will reverse only if it appear that this discretion was not properly exercised.</p> <p>Defendant’s petition for a rule to open judgment, entered on a judgment note, averred payment of the note. The note had been assigned. No answer was made by the plaintiff, but the use plaintiff in an answer denied the allegations in the petition. Depositions taken in support of the rule showed a conflict of testimony as to the question of payment.</p> <p>Meld, that there was no doubt of the propriety of the action of the court below in opening the judgment.</p>