Zajaczkowski v. Jawer

Citations

• 36 Pa. Super. 324
• 1908 Pa. Super. LEXIS 164

Syllabus

<p>Judgment — Opening judgment — Discretion of court — Consideration— Blanks in note.</p> <p>A proceeding to open a judgment is an appeal to the equity- powers of the court; a judge, exercising the functions of a chancellor, is vested with the discretion to pass upon the weight of the evidence and credibility of the witness, and to dispose of the questions presented upon equitable principles. The action of the court below will only be reversed in such cases where the abuse of judicial discretion is apparent.</p> <p>■The appellate court will not review the discretion of the lower court in making absolute a rule to open a judgment, where the defendant avers in his petition that the note on which the judgment was entered was without any consideration, was given to another party, was altered after delivery, and was not intended to create any liability, and the plaintiff in his answer merely avers that the note was given for a good and valuable consideration, without stating the consideration; and that blanks in the note left unfilled at the time of delivery, had been filled in afterwards in accordance with authority given by the defendant.</p>