Luce v. Reed Colliery Co.

Citations

• 78 Pa. Super. 248
• 1922 Pa. Super. LEXIS 96

Syllabus

<p>Judgments — Buie to open — Discretion of the court — Evidence— Conflict — Credibility.</p> <p>A petition to open judgment is addressed to the equitable powers of the court, and, upon an appeal, the question is whether there has been a proper exercise of judicial discretion.</p> <p>It is the province of the court below to weigh conflicting testimony, and, in a case where the defendant’s uncorroborated story is improbable, and is flatly contradicted by the plaintiff, refusal of the court to open a judgment entered upon a judgment note will be affirmed.</p>