Opinion
April 24, 1956.
May 21, 1956.
Appeals — Review — Judgment — Refusal to open.
On an appeal from the refusal of the court below to open a judgment entered pursuant to the decision of the Supreme Court, it was Held that the application to open the judgment was vexatious and without merit.
Before STERN, C. J., JONES, BELL, CHIDSEY and MUSMANNO, JJ.
Appeal, No. 121, Jan. T., 1956, from order of Court of Common Pleas No. 5 of Philadelphia County, March T., 1953, No. 4437, in case of Meyer M. Weissman v. A. Weissman, Inc. Order affirmed.
Proceeding upon petition of defendant and rule to show cause why judgment entered for plaintiff upon order of the Supreme Court should not be opened in an action to foreclose a mortgage.
Order entered discharging rule, before KUN, P. J. and HAGAN, J., opinion per curiam. Defendant appealed.
Robert H. Arronson, with him Herbert H. Hadra and Maurice Freedman, for appellant.
Wesley H. Caldwell, with him Roper Caldwell, for appellee.
This case presents another engagement in the war that has been raging for a number of years between members of the Weissman family. This is the fourth time that litigation between the same parties has reached this Court. The present appeal is from the discharge by the court below of a rule to open a judgment entered pursuant to the decision of this Court: See 382 Pa. 189, 114 A.2d 797. In discharging the rule, the court stated that it was without power to open a judgment entered by it at the direction of an appellate court. However that may be, a review of the record in this case shows that the application to open the judgment is merely vexatious and entirely devoid of merit.
The order of the court below is affirmed at the cost of appellant.