Gump v. Goodwin
Gump v. Goodwin
Opinion of the Court
In cases such as this, — appealing largely to the discretion of the court below, — where oral testimony of witnesses is frequently heard and passed upon, an opinion should always be filed by the court setting forth, at least briefly, its findings of fact and the grounds of its decision. We are not in a position to properly weigh the testimony or consider its credibility with the same discrimination as the court below, and should therefore have the benefit of such an o'pinion to guide us in determining whether in disposing of the case in that court there was such abuse of discretion as calls for our interference.
Aided by the able and exhaustive argument of the learned counsel for the defendants, we have carefully examined the somewhat voluminous record before us, and are not convinced that the court committed any error in refusing to open the judgment and let defendants into a defense. The evidence was certainly not sufficient to warrant the reformation of an instrument signed by parties fully competent to understand its contents. Without considering the evidence of notice of the
We find nothing in the record that would justify us in sustaining any of the assignments of error. Nor do we think that either of them requires further notice.
Decree affirmed and appeal dismissed, with costs to be paid by defendants.
Reference
- Full Case Name
- G. M. Gump, for Use of Abraham Gump v. John T. Goodwin and James L. Smith
- Cited By
- 5 cases
- Status
- Published
- Syllabus
- Judgment — Opening judgment — Appeals—Practice, O. P. The court of common pleas in discharging a rule to open a judgment should always file an opinion setting forth at least briefly its findings of fact, and the grounds of its decision. The Supreme Corn-t are notin a position to properly weigh the testimony, or consider its credibility with the same discrimination as the court below, and should therefore have the benefit of such an opinion to guide them in determining whether, in disposing of the case, there was such abuse of discretion in the court below as called for interference. Judgment— Opening judgment — Evidence. The court will not open a judgment entered upon a warrant of attorney contained in a bond properly executed by the defendants, upon the evidence of defendants that the bond and the mortgage accompanj-ing it contained matters not provided for in the original agreement between the parties,'and that defendants signed the bond without reading it, relying upon the statement of plaintiff’s attorney that it conformed to the agreement between himself and plaintiff. Assignment of claim — Set-off. An assignment of a claim which the assignee intends to use as a set-off, if made with the express agreement that the claim should be reassigned if the set-off is not allowed, is not a sufficient transfer of ownership to enable the assignee to use the claim as a set-off.