Italo French Produce Co. v. Thomas

Citations

• 28 Pa. Super. 293
• 1905 Pa. Super. LEXIS 185

Syllabus

<p>Judgment — Opening judgment — Evidence—Discretion of court.</p> <p>Where the defendant sets up and testifies to a state of facts, which, if true, constitutes a good defense to a note or judgment, and is corroborated by one or more witnesses or circumstances which are equivalent to at least another witness, it is within the sound discretion of the court below, acting as a chancellor, to decide to which side the scales incline.</p> <p>Judgment — Opening judgment — Married women — Surety—Oath against oath —Oath of husband and wife.</p> <p>Where the court below refuses to open a judgment against a married woman on the ground that there was merely oath against oath, and that the testimony of the husband and wife should be counted only as that of one witness, the 'order of the lower court will be reversed. In such a case the wife is a competent and independent witness.</p>