Stockwell v. Webster

28 A. 837, 160 Pa. 473, 1894 Pa. LEXIS 832

Opinion

Per Curiam,

We concur in the conclusion reached by the court below in this case. The evidence taken upon the rule to show cause raised a question of fact which it was proper to refer to a jury for adjustment. While a judgment should not be opened, as a general rule, upon the oath of the defendant alone when he is contradicted by the testimony of the plaintiff, yet where there are corroborating circumstances, or circumstances from which inferences may be drawn corroborative of the defendant, it is usual to open the judgment and refer the questions to a jury.

The order appealed is affirmed.