Wright v. Linhart

Citations

• 243 Pa. 221
• 89 A. 973
• 1914 Pa. LEXIS 601

Syllabus

<p>Judgments — Opening judgments — Findings of fact — Appeals.</p> <p>1. The findings of fact of a judge on conflicting evidence will not be disturbed except for error clearly shown.</p> <p>■ 2. An application to open a confessed judgment is addressed to' the equitable powers of the court, and it rests with the complainant to make out á case that would justify a decree in his favor. Where the evidence is conflicting, and the decision depends entirely on the credibility of witnesses, the conclusion of the lower court that the defendant, was not entitled to relief will not be reversed.</p> <p>Judgments — Judgments by- confession — Opening judgment — Discharge of rule to open.</p> <p>3. Upon a petition for a rule to open a judgment confessed by warrant of attorney alleging that petitioner had been fraudulently induced by the representations of the plaintiff to execute a judgment note for $3,000, at a time when she was unable to read because of the loss of her glasses, and that she in fact owed only $300, the evidence as to the truth of the facts alleged was conflicting and the decision depended upon the credibility of the witnesses. The court discharged the rule. Meld, no error.</p>