Tressler v. Emerick
Tressler v. Emerick
Opinion of the Court
This appeal by plaintiff is from an order opening a judgment entered upon a note, as to the amount of a certain receipt. Passing upon a rule to open judgment is a matter for the discretion of the lower court (Kelber v. Plow Co., 146 Pa. 485; Blauvelt v. Kemon, 196 Pa. 128; Massey v. Massey et al., 267 Pa. 239, 242; Spiess v. Mooney, 67 Pa. Superior Ct. 8; Toffalo v. Marino, 77 Pa. Superior Ct. 281; and see Budd v. Coyer et ux., 273 Pa. 309), and the controlling question here is, Did such
Tbe order opening tbe judgment is affirmed with a procedendo.
Reference
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- Status
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- Syllabus
- Appeals — !Judgment—Buie to open judgment — Discretion. 1. An order making absolute a rule to open a judgment entered upon a note is a matter for the discretion of tbe lower court; and such order will not be reversed if no abuse of discretion appears. 2. In affirming such an order, the appellate court will abstain from discussing either the facts or the law.