Hutton v. Altland

Supreme Court of Pennsylvania May 26, 1915

Hutton v. Altland, 250 Pa. 113 (Pa. 1915)

95 A. 390

Brown, Elkin, Frazer, Mosohzisker, Potter

Opinion of the Court

Per Curiam,

This appeal is from an order opening a judgment entered upon a note alleged to have been given by a mother to her daughter. In view of the testimony offered in support of the application to open the judgment — a recital of which would serve no good purpose — the court below would have clearly erred if it had not granted the relief prayed for; and this is all that need be said in answer to the complaint of the appellant that error was committed by the order or decree from which she has appealed.

Appeal dismissed at appellant’s costs.

Reference

Status: Published
Syllabus: Judgments — Confessed judgments — Fraud — Opening of judgments — Judicial discretion — Proper exercise. The lower court properly opened a judgment entered upon a note alleged to have been given by a mother to her daughter, where it was alleged that the note was obtained from defendant by fraud, or that it was a forgery, where there was no proof that defendant ever knew of the existence of the note until judgment was entered thereon, where the witnesses who attested the defendant’s signature were not permitted to see the contents of the paper which they were witnessing, and where, subsequent to the date of the note, the plaintiff admitted in the presence of a reputable witness that the defendant owed her nothing.