O'Brien v. Sylvester

Citations

• 12 Pa. Super. 408
• 1900 Pa. Super. LEXIS 255

Syllabus

<p>Opening judgment — Discretion of court — Review on appeal.</p> <p>A judge on application to open a judgment acts as a chancellor and on an appeal from his refusal to so open the judgment the appellate court will only see that his discretion has been properly exercised. The appellate court will not say that in refusing to open a judgment on a mechanic’s lien the court failed in a judicious exercise of its discretionary power when by reason of laches the defendant permitted the lien creditor to incur costs •of suit and execution instead of interposing a defense or taking steps to have the lien stricken off as she of right might have done.</p>