Shaffer v. Thomas

Citations

• 76 Pa. Super. 368
• 1921 Pa. Super. LEXIS 154

Syllabus

<p>Practice, O. P. — Judgments—Buie to open judgment — Petition —Answer—Depositions—Oath against oath.</p> <p>Upon a petition for rule to open judgment a responsive answer puts upon the petitioner the duty of furnishing proper proof to support his petition. When the petitioner has shown a good defense and supported his petition by his own depositions and those of another witness without any contradiction except that contained in the answer itself he should have the opportunity to be heard before a jury. It is error to regard an answer unsupported by evidence as testimony of equal weight with depositions and to discharge the rule as presenting the case of oath against oath.</p>