Wesoky v. Jackson

Superior Court of Pennsylvania
Wesoky v. Jackson, 70 Pa. Super. 281 (1918)
1918 Pa. Super. LEXIS 231
Head, Henderson, Kephart, Orlady, Porter, Trexler

Wesoky v. Jackson

Opinion of the Court

Per Curiam,

The defendant applied to the court below for a rule to open a judgment entered against him by confession, and on the hearing before the court considerable testimony was taken, in which the defendant admitted the genuineness of his signature to the lease on which the judgment is based. The court held, after a consideration of the testimony, that he was not entitled to have the judgment opened and make a defense on the grounds set out in his petition. Questions of fact passed upon by the court below will be reviewed only in case of mani*282fest error, and we review the evidence only for the purpose of determining the law of the case, and not its weight. A conclusion reached by the court on conflicting evidence of witnesses whose credibility is wholly for its consideration is conclusive, and will not be reviewed on appeal.

The judgment is affirmed.

Reference

Cited By
1 case
Status
Published
Syllabus
Judgment — Opening judgment — Evidence — Discretion of the court. An order discharging a rule to open a judgment will not be reversed on appeal where it appears that the order was made on conflicting evidence in the exercise of a sound discretion by the court below, and without manifest error.