Kelber v. Pittsb. N. Plow Co.

Citations

• 146 Pa. 485
• 23 A. 335
• 1892 Pa. LEXIS 1253

Syllabus

<p>1. Under the act of May 20,1891, P. L. 101, giving a right of appeal from orders opening, vacating, or striking off, etc., “judgments of any kind, whether entered‘by amicable confession, upon warrant of attorney or otherwise,” an appeal will lie from an order, made prior to the passage of the act, opening a judgment taken for want of an appearance.</p> <p>2. An application to open a judgment is an equitable proceeding, addressed to the discretion of the court. ■ The act of May 20, 1891, like the prior act of April 4, 1877,.P. L. 53, allowing an appeal from the refusal to open a judgment, has not taken away such discretion; and on appeal, the Supreme Court will only determine whether the discretion has been properly exercised.</p> <p>3. The question whether terms shall be imposed in the opening 8f a judgment, under either of the acts referred to, is a matter peculiarly within the discretion of the court to which the application is made, and it would require a very strong ease to move the Supreme Court to interfere on that point. In the present case, the discretion was properly exercised.</p>