Toffolo v. Marino

Citations

• 77 Pa. Super. 281
• 1921 Pa. Super. LEXIS 252

Syllabus

<p>Judgments — Opening judgments — Depositions of witnesses — Conflicting testimony — Discretion of court.</p> <p>An order discharging a rule to open a judgment, will not be reversed, on appeal, where it appears that the order was made on conflicting evidence, in the exercise of a sound discretion by the court below, and without manifest error.</p> <p>Even although the defendant testifies that his signature is a forgery and there is opposing testimony, there is no inflexible rule which compels the court to open the judgment. In such a case the court should exercise a sound discretion, after a careful consideration of the character and effect of the testimony.</p>