W. W. Blake Tobacco Co. v. Posluszsy

Citations

• 31 Pa. Super. 602
• 1906 Pa. Super. LEXIS 268

Syllabus

<p>Judgment — Opening judgment — Names of parties — -Principal and surety— Forgery.</p> <p>A judgment bond was signed by W. Posluszsy as principal, and M. Debinski as surety. Judgment was entered on the bond against “George” (alias W.) Posluszsy and M. Debinski. Debinski’s full name was Martin Debinski. Held, that if there was any substantial discrepancy between the bond and the record of the judgment, as to the names of the parties, the defect could be cured by amendment.</p> <p>In a proceeding to open a judgment, valid on its face, based on a petition alleging that the instrument upon which the judgment is founded is a forgery, to which petition there is a fully responsive answer, the defendant is the actor, and the plaintiff is not required to prove the signature of the defendant by the subscribing witness, or account for his failure to produce the witness.</p> <p>The exercise of jurisdiction upon rules to open judgment, entered on warrants of attorney, is within the discretion of the court, and an appellate court will not interfere except where there is a manifest abuse of such discretion.</p> <p>The appellate court will not reverse an order of the court below in refusing to open a judgment, merely because the lower court did not file an opinion.</p>