Public Ledger Co. v. Kleinman

Citations

• 75 Pa. Super. 345
• 1921 Pa. Super. LEXIS 14

Syllabus

<p>Practice, Q. P. — Judgment — Judgment entered by default■— Opening — Discretion of court.</p> <p>A judgment entered for want of a sufficient affidavit of defense is properly opened, where it appears from the petition to open the judgment, duly supported by depositions, that an affidavit of defense, alleging payment, had been sworn to and was ready for filing on December 15th, and that if it had been filed that day judgment would have been prevented, but that the attorney in the case had neglected to file it until December 17th, and that in the meantime the judgment was entered.</p> <p>A petition to open a judgment entered by default is addressed to the sound discretion of the court and, in the absence of any proof of abuse of such discretion, the action of the court will not be reversed on appeal.</p>