Zartman v. Spangler

Citations

• 21 Pa. Super. 647
• 1902 Pa. Super. LEXIS 430

Syllabus

<p>Judgment — Opening judgment — Discretion of court — Weighing of testimony — Horse—Warranty—Evidence.</p> <p>An application under the Act of May 20, 1891, P. L. 101, giving the right of appeal from orders opening, vacating or striking off, etc., judgments of any kind, whether entered by amicable confession upon warrant of attorney, or otherwise, is an equitable proceeding addressed to the discretion of the court. The judge to whom the application is addressed, acts as a chancellor, and the appellate court will examine the record only to determine whether this discretion has been properly exercised. It is a mistake to suppose that the court to which the application is made cannot judge of the weight of the evidence and the credibility of the witnesses, but that every case where there is a conflict of testimony must-be sent to a jury.</p> <p>The appellate court will not reverse the action of the lower court in refusing to open ajudgment entered on a judgment note given in part payment for a horse, where the defendant’s claim of breach of warranty is met by positive proof that the defendant abused the horse while in his possession, and that the horse’s conduct was the probable consequence of such abuse.</p>