Ilyus v. Buch

Citations

• 34 Pa. Super. 43
• 1907 Pa. Super. LEXIS 78

Syllabus

<p>Judgment — Opening judgment-^-Evidence — Forgery.</p> <p>A proceeding to open a judgment is an appeal to the equity powers of the court; the judge exercises the functions of a chancellor, is vested with a discretion to pass upon the weight of the evidence and the credibility of the witnesses, and to' dispose of the question presented upon equitable principles. The action of the court below will only be reversed in such a case where an abuse of judicial discretion is apparent. These principles apply where an allegation of forgery is involved with the same force and effects as in other cases.</p> <p>A court cannot be charged with abuse of discretion in discharging a rule to open a judgment entered upon a bond, where it appears that the defendant and her sister testified that the signature to the bond was forged, but it also appears that neither of the witnesses had seen the bond for ten years, that nine years before, it had been removed from the court records by the attorney for the defendants, had not been restored to the records, nor produced at the hearing, and that no adequate search had been made for it.</p>