Jacobosky v. Zborowjan

Citations

• 46 Pa. Super. 626
• 1911 Pa. Super. LEXIS 324

Syllabus

<p>Judgment — Opening judgment — Forgery■—Evidence.</p> <p>1. Where on a rule to open a judgment the defendant claims that he has receipts showing that he had paid the amount of the judgment, but neither produces them nor explains his omission to do so, the inference is strongly unfavorable to his testimony, and will cast a serious doubt upon his denial that he signed the note upon which the judgment was entered.</p> <p>2. There is no inflexible rule which compels the court to open a judgment entered upon a judgment note where a defendant swears that his signature is a forgery. Even in such case the judge should exercise a sound discretion after careful consideration of the character and effect of the testimony.</p> <p>3. If the testimony taken on a rule to open a judgment so strongly preponderates against the defendant’s contention that the court would set aside a verdict in his favor, the court should refuse to open the judgment.</p>