Stockwell v. Webster
Supreme Court of Pennsylvania
Stockwell v. Webster, 160 Pa. 473 (Pa. 1894)
28 A. 837; 1894 Pa. LEXIS 832
Dean, Fell, McCollum, Mitchell, Williams
Stockwell v. Webster
Opinion of the Court
We concur in the conclusion reached by the court below in this case. The evidence taken upon the rule to show cause raised a question of fact which it was proper to refer to a jury for adjustment. While a judgment should not be opened, as a general rule, upon the oath of the defendant alone when he is contradicted by the testimony of the plaintiff, yet where there
The order appealed is affirmed.
Reference
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- Syllabus
- Judgments — Opening judgment — Practice—Evidence. While a judgment should not be opened, as a general rule, upon defendant’s oath alone when he is contradicted by the testimony of plaintiff, yet where there are corroborating circumstances, or circumstances from which inferences may be drawn corroborative of defendant, it is proper to open the judgment and refer the question to the jury.