Christie v. Steelsmith
Christie v. Steelsmith
Opinion of the Court
The opinion of the court below refusing to open the judgments in question is tery full and exhaustive. On the main question of the alleged misrepresentations the learned court shows that the testimony of the appellant is interested and is unsupported by corroborating evidence, while that of Sutton, the alleged agent, who, it is claimed, made the misrepresentations, is disinterested, and is a flat denial of the facts as testified to by Steelsmith, and is supported by other testimony. These considerations induced the court below to refuse the application to open the judgments, and the reasons given are satisfactory to us. We do not interfere with the discretion of the court below in such eases unless it is made plainly to appear that there was error in the action of the court. We fail to discover such error here.
Decree affirmed.
Reference
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- Syllabus
- Opening judgments — Conflicting evidence — Discretion—Review. On an application to open a judgment, where the main question relates to alleged misrepresentations made by plaintiff’s agent, and it appears that the testimony of the defendant is unsupported by corroborating evidence, while the evidence of the agent, a disinterested witness, is a flat denial of the testimony of defendant, and is supported by other testimony, the court will discharge the rule to open the judgment. The Supreme Court will not interfere with the discretion of the court below in such cases, unless it is made plainly to appear that there was error in the action of the court.