Fryberger v. Motter

Superior Court of Pennsylvania

Fryberger v. Motter

24 Pa. Super. 317, 1904 Pa. Super. LEXIS 174

Superior Court of Pennsylvania·Decided March 14, 1904·No. Appeal, No. 153·Published·Cited by 2 cases

Opinion

Opinion by

Orlady, J.,

The note on which this judgment was founded was signed in 1894, the judgment thereon was entered in 1899, and neither defendant made any attempt to have it opened until February, 1908. The contradictory testimony and the delay in seeking relief furnished sufficient reason to justify the court, acting as a chancellor and controlled by equitable principles, in making the decree it did: Hirschlan v. Krechman, 20 Pa. Superior Ct. 227; Shannon v. Castner, 21 Pa. Superior Ct. 294.

The judgment is affirmed.

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Opinion by

Orlady, J.,

The note on which this judgment was founded was signed in 1894, the judgment thereon was entered in 1899, and neither defendant made any attempt to have it opened until February, 1908. The contradictory testimony and the delay in seeking relief furnished sufficient reason to justify the court, acting as a chancellor and controlled by equitable principles, in making the decree it did: Hirschlan v. Krechman, 20 Pa. Superior Ct. 227; Shannon v. Castner, 21 Pa. Superior Ct. 294.

The judgment is affirmed.

Fryberger v. Motter, 24 Pa. Super. 317, 1904 Pa. Super. LEXIS 174 (Pa. Ct. App. 1904).

Pincite

24 Pa. Super. 317 (Fryberger v. Motter) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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