150 A. 100 | Pa. | 1930
On plaintiff's petition, May 25, 1929, the court below allowed a rule on defendants to show cause why a decree, entered by that tribunal in 1922 and subsequently affirmed by the Supreme Court (Glenn v. Trees,
The decree which plaintiff sought to have opened was entered March 27, 1922, and affirmed January 3, 1923. The evidence depended on to establish the alleged fraud on the court was discovered August 7, 1924, yet the application to open was not made until May 25, 1929. As stated by the court below, so far as the averments before it showed, the testimony relied on was only cumulative and referred to issues already heard and disposed of years ago, since which time "witnesses acquainted with certain of the disputed facts have died." On final consideration, the court below was not satisfied by plaintiff's averments that it was reasonable to believe the evidence in question would, if produced, show the original decree to have been obtained by fraud and perjury; therefore, it was warranted in vacating the rule which gave rise to the proceedings now under review.
The appeal is dismissed at cost of appellants.