Kemper v. Richardson

Citations

• 72 Pa. Super. 115
• 1919 Pa. Super. LEXIS 262

Syllabus

<p>Mamed women — Promissory notes — Accommodation maher — • Act of June 8, 1898, P. L. 8kk-</p> <p>The court should look through all disguises and subterfuges and should open a judgment where the testimony in the ease shows a manifest intention to avoid the provisions of an act of assembly. A palpable and transparent device to evade the restrictions of the-contractual capacity of a married woman, as limited by the Act of June 8, 1893, P. L. 344, is void.</p> <p>Judgments — Opening of judgments — Discretion of court.</p> <p>While it is true that an application to open a judgment is addressed to the discretion of the court, and that the court must judge the weight of the evidence, etc.; where the undisputed facts raise a question to be determined by a jury, it is reversible error not to open a judgment, and let the defendant in to a defense.</p>