Kistler v. Scheirer

Citations

• 10 Pa. Super. 220
• 1899 Pa. Super. LEXIS 262

Syllabus

<p>Appeals — Appellate review of refusal to open judgment.</p> <p>The duty of the appellate court is not so much to examine and weigh minutely the testimony adduced by the parties, as to determine, upon a review of the entire record, whether the legal discretion vested in the court below has been abused.</p> <p>The appellate court will not disturb a decree of the court below refusing to open a judgment when upon review of the entire evidence offered on both sides of the motion it oannot say that the court erred in the conclusion reached. Iron Co. v. Jacobs, 9 Pa. Superior Ct. 122, followed.</p>