Public-domain · open source
OpenJurist

74 Pa. Super. 129

Ackler v. Miller

Superior Court of Pennsylvania

Decided February 28, 1920

Superior Court of Pennsylvania · decided 1920-02-28

Appeal, No. 217, Oct. T., 1919, by defendant from judgment of Municipal Court of Phila. Co., April T., 1919, No. 433, discharging rule to open judgment in the case of L. Adder v. Carl Miller. Rule to open judgment. Before Crane, J. The court discharged the rule. Defendant appealed. Error assigned was in discharging defendant’s rule to open the judgment and vacate and set aside the execution.

Dismissed · Decided 1920-02-28

Per Curiam,

¶1This appeal is from an order of the court below discharging a rule to open a judgment that had been regularly entered. An application of this character is addressed to the sound discretion of the court below, and in the appellate court, the question is whether there has been any abuse of that discretion. This, of course, must be a sound, judicial one, and in sustaining a judgment it must be exercised upon the facts and circumstances before the court, after they have been heard and duly considered: Dunbar v. Lutton, 72 Pa. Superior Ct. 77, and authorities there cited. The disputed facts in this case were fully disclosed by depositions, and after being fully considered, the excuse urged by the defendant for not more promptly moving to make his defense when he had his day in court, was held to be insufficient.

¶2We find no such reversible error in this record, and the appeal is dismissed at the costs of appellant.

/74/pasuper/129 · .json · Public domain