Kurtz v. Farrell

Citations

• 44 Pa. Super. 355
• 1910 Pa. Super. LEXIS 178

Syllabus

<p>Equity — Decree pro confesso — Setting aside decree.</p> <p>While the courts exercise considerable liberality in the disposition of a motion to set aside a decree pro confesso, particularly where a meritorious defense is sought to be set up, yet the motion is not to be granted as matter of course, but only upon cause shown. If the lower court finds that the defendant has been guilty of a default of an aggravated character, and that the special defense set up with a motion to take off the decree, has been previously adjudicated, the appellate court will not interfere with an order refusing to strike off the decree pro confesso.</p>