Opinion
March 22, 1960.
April 13, 1960.
Practice — Judgments — Opening — Equity powers of court — Prompt filing of petition — Reasonable explanation of default — Defense on merits.
1. A petition to open judgment is addressed to the equitable powers of the court; in order to obtain relief the petition must be promptly filed, the default reasonably explained or excused, and a defense shown to exist on the merits.
2. In this case, in which it appeared that judgment was entered against defendant for failure to file an amended answer and that the court below, holding that defendant's failure to comply with the orders of the court was willful and inexcusable, and that the depositions established a complete lack of candor and truthfulness on his part, discharged the rule to open judgment, it was Held that the order of the court below should be affirmed.
Before RHODES, P.J., GUNTHER, WRIGHT, WOODSIDE, ERVIN, and WATKINS, JJ. (MONTGOMERY, J., absent).
Appeal, No. 62, Oct. T., 1960, from order of Municipal Court of Philadelphia County, Aug. T., 1957, No. 766, in case of J. Leon Rabben v. Martin Steinberg. Order affirmed.
Same case in court below: 20 Pa. D. C. 2d 283.
Proceeding upon petition of defendant and rule to show cause why judgment entered in action of assumpsit should not be opened.
Order entered discharging rule, opinion by BOYLE, J. Defendant appealed.
Morris Chernock, for appellant.
J. Leon Rabben, with him I. Irving Tubis, and Tubis and Rabben, for appellee.
Argued March 22, 1960.
The order of the court below is affirmed on the opinion of Judge BOYLE, of the Municipal Court of Philadelphia, as reported in 20 Pa. D. C. 2d 283.