Beaver v. Slear

Supreme Court of Pennsylvania

Beaver v. Slear

31 A. 1094, 168 Pa. 466, 1895 Pa. LEXIS 826

CourtSupreme Court of Pennsylvania

DecidedMay 27, 1895

DocketAppeal, No. 445

StatusPublished

This text of 31 A. 1094 (Beaver v. Slear) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Beaver v. Slear, 31 A. 1094, 168 Pa. 466, 1895 Pa. LEXIS 826 (Pa. 1895).

Pincite

Opinion

Per Curiam,

While we cannot assent to the proposition that, in a case such as this, the burden is on the plaintiff to show affirmatively that the defendant agreed to pay interest from the maturity of his note, we are not prepared to say, in view of the facts and circumstances of the case, that the court erred in opening the judgment and letting the defendant into a defense. There was no such abuse of discretion as would justify us in reversing the decree complained of.

Decree affirmed and appeal dismissed with costs to be paid by appellant.

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Per Curiam,

While we cannot assent to the proposition that, in a case such as this, the burden is on the plaintiff to show affirmatively that the defendant agreed to pay interest from the maturity of his note, we are not prepared to say, in view of the facts and circumstances of the case, that the court erred in opening the judgment and letting the defendant into a defense. There was no such abuse of discretion as would justify us in reversing the decree complained of.

Decree affirmed and appeal dismissed with costs to be paid by appellant.

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Bluebook (online)

31 A. 1094, 168 Pa. 466, 1895 Pa. LEXIS 826, Counsel Stack Legal Research, https://law.counselstack.com/opinion/beaver-v-slear-pa-1895.