Stockwell v. Webster
This text of 28 A. 837 (Stockwell v. Webster) 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.
Opinion
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 [475]*475are 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.
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Cite This Page — Counsel Stack
28 A. 837, 160 Pa. 473, 1894 Pa. LEXIS 832, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stockwell-v-webster-pa-1894.