Opening A Judgment

Taking off the bar of finality so as to permit the reconsideration of the judgment and of the cause on which it was founded. It does not abrogate the judgment, as does "vacation of judgment."

An act of the court by which a judgment is so far annulled that it cannot be executed, although it still retains some qualities of a judgment: as, for The opening of the judgment takes place when some person having an interest makes affidavit to facts which, if true, would render the execution of such judgment inequitable. The judgment is opened so as to be in effect an award of a collateral issue to try the facts alleged in the affidavit; Lowrey v. Tracey, G AY. & S. (Pa.) 403. The rule to open judgment and let defendant into a defence is peculiar to Pennsylvania practice, and is a clear example of the system of administering equity under common-law forms. By practice it is confined to judgments by default and those entered on warrants of attorney to confess, etc. It was. however, dov Ued in the absence of a court of chancery, as a substitute for a bill in equity, to enjoin proceedings at law; Mitchell’s Motions and Rules; Cochran v. Eldridge, 41) Pa. 305.

The act of the court in so far relaxing the finality and conclusiveness of a judgment as to allow a re-examination of the case on which it was rendered. This is done at the instance of a party showing good cause why the execution of the judgment would be inequitable. It so far annuls the judgment as to prevent its enforcement until the final determination upon it, but does not in the mean time release its lien upon real estate.