Renwick Bros. & Co. v. Richardson

Citations

• 5 Pa. Super. 202
• 1897 Pa. Super. LEXIS 217

Syllabus

<p>Appeals — Jurisdiction, Superior Court.</p> <p>The enlarged powers conferred upon the Supreme Court by the Act of May 20, 1891, P. L. 101, are to be construed and exercised as were those conferred by the Act of April 4, 1877, P. L. 53: Kelber v. Plow Co., 146 Pa. 485.</p> <p>Judgment — Opening of — Extent to which an appellate court will review.</p> <p>An application to open a.judgment, entered on warrant of attorney or on a judgment note, is addressed to the equitable powers of the court below, and upon an appeal to the Supreme Court, under the Act of April 4, 1877, P. L. 53, the question is, whether the court below rightly exercised its discretion upon the evidence.</p> <p>Judgment — Opening of — Parol evidence to reform a writing.</p> <p>A judgment is properly opened where the motion is sustained by a written agreement which is challenged by plaintiff as not containing the entire agreement made at the time. Even if the plaintiff can at the trial produce evidence competent to move the conscience of a chancellor to reform the written agreement there would still be the question for the jury as to whose version of the parol agreement is the true one.</p>