Opinion
April 28, 1966.
May 24, 1966.
Appeals — Review — Refusal to open judgment — Court below — Discretion.
The court's refusal to open a confessed judgment will not be reversed on appeal in the absence of a clear abuse of discretion or error of law.
Before BELL, C. J., MUSMANNO, JONES, COHEN, EAGEN, O'BRIEN and ROBERTS, JJ.
Appeal, No. 261, Jan. T., 1966, from order of Court of Common Pleas of Montgomery County, Sept. T., 1960, No. 294, in case of Helen Rothchild Blumberg, administratrix of estate of Theodore Blumberg, deceased v. Samuel Levin and Ruthe Levin. Order affirmed.
Petition to open judgment entered by confession.
Petition denied, order by FORREST, P. J. Defendant, Ruthe Levin, appealed.
Franklin D. Rubin, for appellant.
Charles R. Weiner, with him Samuel M. Lehrer, for appellee.
This is an appeal from the Order of the Court of Common Pleas denying defendants' petition to open a judgment.
On November 30, 1959, judgment was entered by the plaintiff on a note made by defendants dated November 2, 1956, in the amount of $10,000. On November 2, 1960, defendants filed a petition to open the judgment; and plaintiff filed an answer which denied all the material allegations of the petition. After depositions and argument, the lower Court dismissed the petition. We find no clear abuse of discretion or error of law. See Girard Trust Corn Exchange Bank v. Sweeney 413 Pa. 203, 196 A.2d 310; Universal Builders Supply, Inc. v. Shaler Highlands Corporation, 409 Pa. 334, 337, 186 A.2d 30.
Order affirmed.