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

Per Curiam,

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 *475are corroborating circumstances, or circumstances from which inferences may be drawn corroborative of the defendant, it is usual to open the judgment and refer the questions to a jury.

The order appealed is affirmed.

Reference

Cited By
7 cases
Status
Published
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.