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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
*475 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.
Document Info
Docket Number: Appeal, No. 156
Citation Numbers: 160 Pa. 473
Judges: Dean, Fell, McCollum, Mitchell, Williams
Filed Date: 3/26/1894
Precedential Status: Precedential
Modified Date: 2/17/2022