Woodward v. Carson

Citations

• 208 Pa. 144
• 57 A. 342
• 1904 Pa. LEXIS 717

Syllabus

<p>Judgment — Opening judgment — Discretion of court.</p> <p>While the opening of a judgment is an appeal to the discretion of the court the appellate court will not review except where the judgment below is a deduction from facts and the result of reasoning upon the same.</p> <p>Judgment — Presumption of payment — Evidence—Opening judgment.</p> <p>Although a legal presumption of payment of a judgment does not arise short of twenty years, yet a less period with persuasive circumstances tending to support it may be submitted to the jury as ground for a presumption of fact.</p> <p>On a rule to open a judgment, it appeared that the note upon which judgment was entered was held for nearly twenty years before entry of judgment, and that after the entry no execution was issued for nearly thirteen years and that defendant’s financial condition made the note collectible. It also appeared that the judgment note was collateral to another note, about which the evidence showed a controversy as to whether anything was due upon it. Held, that the rule to open judgment should be made absolute.</p>