Walter v. Fees
Supreme Court of Pennsylvania
Walter v. Fees, 155 Pa. 55 (Pa. 1893)
25 A. 829; 1893 Pa. LEXIS 1183
Dean, Green, McCollum, Mitchell, Paxson, Sterrett, Williams
Walter v. Fees
Opinion of the Court
This was an appeal from the refusal of the court below to open a judgment. In all such cases a wide discretion must necessarily be exercised by the learned judge of the court below. See Jenkintown National Bank’s Appeal, 124 Pa. 337. We find no abuse of this discretion in the present case.
Judgment affirmed.
Reference
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- Syllabus
- Opening judgment—Discretion of court. In an application to open a judgment entered upon a warrant of attorney, a wide discretion must necessarily be exercised by the court below, and on appeal the Supreme Court will only reverse where this discretion has been abused. Where, on such application, defendant testifies that the judgment was paid under an agreement by which he gave up his grocery business and went to plaintiff’s saloon to act as a bartender, and the plaintiff denies the payment under the agreement, the Supreme Court will not reverse the decision of the lower court refusing to open the judgment.