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WEISSMAN v. A. WEISSMAN (05/21/56)

THE SUPREME COURT OF PENNSYLVANIA


May 21, 1956

WEISSMAN
v.
A. WEISSMAN, INC., APPELLANT.

Appeal, No. 121, Jan. T., 1956, from order of Court of Common Pleas No. 5 of Philadelphia County, March T., 1953, No. 4437, in case of Meyer M. Weissman v. A. Weissman, Inc. Order affirmed.

COUNSEL

Robert H. Arronson, with him Herbert H. Hadra and Maurice Freedman, for appellant.

Wesley H. Caldwell, with him Roper & Caldwell, for appellee.

Before Stern, C.j., Jones, Bell, Chidsey and Musmanno, JJ.

[ 385 Pa. Page 198]

OPINION PER CURIAM

This case presents another engagement in the war that has been raging for a number of years between members of the Weissman family. This is the fourth time that litigation between the same parties has reached this Court. The present appeal is from the discharge by the court below of a rule to open a judgment entered pursuant to the decision of this Court: See 382 Pa. 189, 114 A.2d 797. In discharging the rule, the court stated that it was without power to open a judgment entered by it at the direction of an appellate court. However that may be, a review of the record in this case shows that the application to open the judgment is merely vexatious and entirely devoid of merit.

Disposition

The order of the court below is affirmed at the cost of appellant.

19560521

© 1998 VersusLaw Inc.



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