Shroyer v. Smeltzer

Citations

• 38 Pa. Super. 400
• 1909 Pa. Super. LEXIS 149

Syllabus

<p>Judgment — Opening judgment — Forgery—Evidence—Question for jury.</p> <p>1. A proceeding to open a judgment is an appeal to the equity powers of the court; the judge who exercises the function of a chancellor is vested with the discretion to pass upon the weight of evidence and the credibility of witnesses, and to. dispose of the question presented upon equitable principles. The action of the court below will be reversed only in cases where the abuse of judicial discretion is apparent. Where the allegation of forgery is involved, these principles apply with the same force and effect as in other cases.</p> <p>2. Where the transaction is contrary to good faith, and the fraud affects individual interests only, ratification is allowed, but where the fraud is of such a character as to involve a crime, the adjustment of which is forbidden by public policy, the ratification of the act from which it springs is not permitted. Forgery does not admit of ratification.</p>