246 Pa. 344 | Pa. | 1914
Opinion by
The learned court below made absolute the rule to show cause why the judgment should not be opened and the defendant, Betty P. Stewart, let into a defense. Prom this order the present appeal was taken. The defense relied on is that Betty P. Stewart, a married woman, signed the note as surety for her husband, and that such an undertaking by a married woman not only contravenes public policy, but offends against a positive
In the case at bar some of the testimony introduced
Then, again, appellant will have an opportunity at the trial of offering testimony to sustain his contention, and this may throw light upon many of the disputed points. The record can then be put in shape so that each separate question may be raised as the rules require for determination on appeal if that be deemed advisable. Our conclusion is that the learned court below committed no reversible error in directing the judgment to be opened and the appellee let into a defense upon the merits.
Judgment affirmed.