Schrœder v. Hallem

Citations

• 71 Pa. Super. 216
• 1919 Pa. Super. LEXIS 70

Syllabus

<p>Appeals — Opening judgment — Judgment—Discretion of court.</p> <p>On an appeal from the decree of the court discharging rule to open judgment the appellate court will examine-the record only to determine whether the lower court has acted within its proper discretion. It is a mistake to suppose that the court to which the application is made cannot judge of the weight of the evidence and the credibility of the witnesses, but that every case where there is a conflict of testimony must be sent to a jury.</p>