Opinion
November 22, 1957.
January 6, 1958.
Practice — Judgments — Opening — Discretion of court — Appellate review.
A petition to open a judgment is addressed to the sound discretion of the court below, whose action will not be reversed on appeal unless an abuse of that discretion appears.
Before JONES, C. J., BELL, CHIDSEY, MUSMANNO, JONES and COHEN, JJ.
Appeal, No. 378, Jan. T., 1957, from order of Court of Common Pleas No. 5 of Philadelphia County, June T., 1955, No. 3232, in case of Fogel Refrigerator Company v. Nuncie and Claire Oteri. Order affirmed.
Same case in court below: 10 Pa. D. C.2d 511.
Proceedings on defendants' petition to open judgment entered by confession. Before ALESSANDRONI, P. J.
Order entered discharging defendants' rule to show cause why judgment should not be opened. Defendants appealed.
Philip P. Kalodner, with him Charles F. Mayer and Dilworth, Paxson, Kalish Green, for appellants.
William A. Goichman, with him Max A. Daroff, for appellee.
The sole question presented on this appeal is whether the court below erred in refusing to open a judgment entered on a promissory note against appellants.
A petition to open a judgment is addressed to the sound discretion of the court below and, unless an abuse of such discretion appears, its action will not be reversed: Ehnes v. Wagner, 388 Pa. 102, 130 A.2d 171; Gagnon v. Speback, 383 Pa. 359, 118 A.2d 744.
Our examination of the instant record indicates no abuse of discretion on the part of the court below.
The order is affirmed on the able opinion of President Judge EUGENE V. ALESSANDRONI reported in 10 Pa. D. C.2d 511.