Spiess v. Mooney

Citations

• 67 Pa. Super. 9
• 1916 Pa. Super. LEXIS 491

Syllabus

<p>Appeals — Opening judgment — Judgment—Discretion of court— Record.</p> <p>An application under the Act of May 20, 1891, P. L. 101, giving the right of appeal from orders opening judgments of any kind, whether entered by amicable confession upon warrant of attorney, or otherwise, is an equitable proceeding addressed to the discretion of the court. The judge to whom the application is addressed, acts as a chancellor, and the appellate courts will examine the record only to determine whether this discretion has been properly exercised.</p> <p>In reviewing an order opening a judgment, the appellate court will reverse only for an abuse of discretion.</p>