McPherson v. Cole

Citations

• 240 Pa. 444
• 87 A. 708
• 1913 Pa. LEXIS 691

Syllabus

<p>Judgments — Scire facias to revive — Confession of judgment— Rule to open judgment — Collusion and fraud — Discretion of court —Opinion.</p> <p>1. It is not an abuse of discretion for the court to open a judgment entered by confession upon a scire facias to revive a judgment more than thirty years old, where the confession of judgment ■on the scire facias was made by the widow and administratrix of the defendant, and evidence was offered in support of the petition to open, that the confession of judgment was made in pursuance of a conspiracy to cheat and defraud the estate of the decedent and the persons entitled thereto under the laws of Pennsylvania, and that the petitioners, heirs of the defendant debtor, had been fraudulently prevented from defending by reason of a representation of counsel for the widow that a defense was to be made by her. In such case, however, the court should not open the original judgment, especially where no reason appears on the record for so doing.</p> <p>2. In such case it is peculiarly the duty of the court to file an opinion, accompanying it with a statement of the general facts in the ease and the reasons upon which he bases his. conclusion.</p>