McGrarrity v. Land Title & Trust Co.

Citations

• 73 Pa. Super. 300
• 1920 Pa. Super. LEXIS 2

Syllabus

<p>Judgments — Opening of judgments — Insufficient evidence — Laches.</p> <p>A rule to open a judgment 17 years old -will be discharged, where the only evidence in support of the petition is given by an interested witness: when the responsive, answer of the plaintiff to the defendant’s original- allegation would be sufficient to defeat the application and where the original defendant has since died, and the plaintiff is, by operation of law, denied the opportunity of testifying. Under such circumstances, in view of the lapse of time, laches is a bar to relief.</p>