Brecht v. McParland

Supreme Court of Pennsylvania October 17, 1898

Brecht v. McParland, 187 Pa. 634 (Pa. 1898)

41 A. 381; 1898 Pa. LEXIS 849

Dean, Fell, Gbeen, Geeen, Sterkbtt, Williams

Opinion of the Court

Opinion by

Mr. Justice Gbeen,

This is an appeal from an order of the court below making absolute a rule to open a judgment of the plaintiffs against the defendants. After the judgment was opened the cause was tried on its merits, and a verdict was rendered in favor of the defendants upon which judgment for defendants was accordingly entered. An appeal from that judgment having been taken to this Court, we have considered it and in an opinion just filed we have affirmed the judgment, ante, p. 620. That being so it follows that the order to open the judgment in the court below must be affirmed.

Order affirmed.

Reference

Full Case Name: Margaret Brecht and John M. Ruegenberg, who survived Margaret Brecht, John M. Ruegenberg and Frederick Brecht, Executors of the last Will and Testament of August F. Brecht, who was Assignee of Philip L. Schaefer, Jr., who was Assignee of Alfred E. Lowrey v. John McParland and Ellen M. McParland
Status: Published
Syllabus: Appeals — Opening judgment — Practice, Szipreme Court. Where a judgment is opened and a trial upon the merits results in a verdict and judgment for defendant, and plaintiff takes an appeal from the order opening the judgment and also from the judgment on the verdict, the Supreme Court in affirming the judgment upon the verdict will also affirm the order opening the judgment.