Pennock v. Kennedy

Citations

• 153 Pa. 579
• 26 A. 217
• 1893 Pa. LEXIS 1150

Syllabus

<p>[Marked to be reported.]</p> <p>Judgment — Conclusiveness of — Appeal.</p> <p>A judgment entered for want oí a sufficient affidavit of defence, and affirmed by the Supreme Court on appeal, is conclusive of the matters that were actually considered and those that might have been considered if the defendant had exercised the vigilance the law requires of parties litigant in the preparation and trial of their cases.</p> <p>After a judgment entered on an affidavit of defence is affirmed by the Supreme Court, an appeal cannot be taken from a subsequent order of the lower court refusing to open the judgment where the only ground alleged is' after-discovered evidence, which was not offered before “on account of the unwillingness of witnesses to give information.”</p> <p>Opening judgment — Appeal—Act of May 20, 1891.</p> <p>The act of May 20, 1891, P. L. 101, does not extend the power of the common pleas to open, vacate, or strike off a judgment, but simply extends the right of appeal to certain orders which had been previously regarded as within the discretionary powers of the lower court.</p>