Wynn v. Duve

Citations

• 74 Pa. Super. 432
• 1920 Pa. Super. LEXIS 170

Syllabus

<p>Judgments — Opening judgments — Discretion of court.</p> <p>An application to open a judgment, regularly and formally entered in a court of law, is an appeal to the equitable powers of the court where the judge sits as a chancellor. He is the trier of the questions of fact that may be involved in the controversy, and he is invested with a wide discretion in the consideration of conflicting evidence, and the determination of the correct conclusions to be reached therefrom. Unless it appears from the record that there has been an abuse of that discretion, there is no sound reason for interference with the conclusions he reaches.</p> <p>Judgments — Married women — Accommodation matters — Sureties —Drimwry obligations.</p> <p>A married woman who gave notes to purchase the stock of a store which she subsequently turned over to her son is not necessarily an accommodation maker. Where the full consideration passed from the vendor and his title to the personal property vested in the vendee, the court did not err in refusing to open the judgment obtained on one of the notes on the ground of her inability to become surety for her son.</p>