168 Pa. 324
Decided May 20, 1895
Supreme Court of Pennsylvania · decided 1895-05-20
Appeal, No. 75, Jan. T., 1895, by defendant, from order of C. P. Erie Co., MayT., 1898, No. 588, discharging a rule to open judgment. Rule to open judgment. From the record it appeared that T. M. Culbertson owed Alvira Shearer $621, on a judgment note dated May 1, 1892. Alvira died on April 3,1893. On July 26,1893, the judgment note was entered up by the executor.
Affirmed · Decided 1895-05-20
¶1This appeal is from the refusal of the court below to open a judgment, and requires an examination of the evidence rather than of any legal question. We have examined the evidence as it appears upon the paper-books. The learned trial judge had the advantage of seeing the witnesses and hearing them. His conscience was not moved by the testimony, and we are not inclined to disturb his conclusion.
¶2The appeal from his refusal to open the judgment is dismissed.