Opinion
April 24, 1940.
May 1, 1940.
Judgments — Opening — Amount admitted to be due.
Where the evidence as a whole justifies the opening of judgment confessed upon a written obligation but the defendant admits owing a stated amount of the principal of the judgment, with interest, an order should be made opening the judgment as to all in excess of the amount admitted to be due.
Appeal, No. 128, April, T., 1940, from order of C.P. Allegheny Co., Oct. T., 1927, No. 2134, in case of Paul Riedrich v. Walter Mistarz.
Before KELLER, P.J., CUNNINGHAM, BALDRIGE, STADTFELD, PARKER, RHODES and HIRT, JJ. Judgment, as modified, affirmed.
Petition and rule to open judgment confessed upon note.
Rule made absolute, before EGAN and MUSMANNO, JJ., opinion by EGAN, J. Plaintiff appealed. Error assigned was the action of the court below in making absolute the rule to open judgment.
M.L. Thompson, for appellant.
Walter J. Laska, for appellee, was not heard.
Argued April 24, 1940.
We are all of opinion that the court below was not guilty of an abuse of discretion in opening the above judgment and permitting the defendant to enter his defense. The evidence as a whole justified this action. But as the defendant admitted owing $97.08 of the principal of said judgment, with interest from May 15, 1931, the order should be modified so as to open the judgment as to all in excess of that amount.
As so modified, it is affirmed.