Shenk v. Hacker

Citations

• 3 Pa. Super. 439
• 1897 Pa. Super. LEXIS 38

Syllabus

<p>Rules of court — Interpretation by the court itself.</p> <p>As a general rule the construction of their own rules by the lower courts will be accepted by the appellate court.</p> <p>Judgment by default — Rule to open — Rule of court.</p> <p>A rule of court provided that judgment entered for want of an appearance may be opened within the same term on application supported by affidavit of a just and legal defense to the demand of the plaintiff. The defendant setting forth by petition that default to a sci. fa. sur mortgage was due to illness, and that she had a just and legal defense, the court granted a rule, which, upon depositions taken it discharged, the testimony not establishing fraud, duress or mistake. The defendant claimed that under the rule of court he had the right to have the judgment opened on his bare petition and affidavit.</p>