Tabas v. Robinson

Supreme Court of Pennsylvania
Tabas v. Robinson, 273 Pa. 164 (Pa. 1922)
116 A. 802; 1922 Pa. LEXIS 542
Frazer, Moschzisker, Sadler, Schaefer, Simpson, Walling

Tabas v. Robinson

Opinion of the Court

Per Curiam,

In this action of assumpsit, judgment was entered on July 29, 1921, for want of an affidavit of defense; August 4,1921, within the term, a petition was filed in support of a rule to open judgment, accompanied by an af*166fidavit of defense; depositions were taken, and the court below, being impressed with the merits of the affidavit tendered, and that the default, in not sooner entering a defense, had been reasonably explained, made an order opening the judgment and letting defendants in to a defense. Plaintiffs have appealed from this order, complaining, in substance, that the averments of their answer to the rule to open had not been sufficiently overcome by depositions, and of “the inherent incredibility of the story” averred in the affidavit of defense. These were matters primarily for the court below, and, after consideration of all the points so well urged upon us by counsel for appellants, we are not convinced of an abuse of discretion; hence the order complained of will not be disturbed.

The appeal is dismissed.

Reference

Cited By
3 cases
Status
Published
Syllabus
Judgment — Opening judgment — Discretion of court — Abuse. The appellate court will not reverse an order opening a judgment entered for want of an affidavit of defense, where it is not convinced that the lower court was guilty of an abuse of discretion in making the order.