Pfaff v. Thomas

Citations

• 3 Pa. Super. 419
• 1897 Pa. Super. LEXIS 33

Syllabus

<p>Practice, G. P. — Opening judgment — Orderly practice.</p> <p>In cases where judgments are sought to be opened too much emphasis cannot be laid upon the necessity for a less careless and more orderly practice. The records import verity; any attempt to impeach or set aside a judgment for matters dehors the record should be permitted only after a plain issue has been made up by petition verified by affidavit, with answer responsive thereto, and the testimony should be limited to the issue. Being decrees wholly in equity, the reasons for them become important, and the action of the court should not be formulated in the bald entries of “ rule absolute ” or “ rule discharged.” The appellate court obliged’ to review should have the benefit of the reasons which moved the conscience of the chancellor.</p> <p>Jurisdiction, G. P. — Opening judgment — Review of discretion.</p> <p>The act of May 20, 1891, P. L. 101, allowing appeals from an order of the court below opening a judgment does not take away the discretion vested in such court, and the exercise of such discretion will be reviewed upon the usual principles governing the exercise of judicial discretion.</p> <p>Such applications are addressed to the equity powers of the court, and the judge who hears them sits as a chancellor and disposes of them in accordance with the principles of equity. The decision of the chancellor must, of course, rest upon competent evidence, and if not so founded it will be set aside by the appellate court.</p>