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McGARY v. LEWIS

384 Pa. 173 (1956)

McGary, Appellant, v. Lewis.

Supreme Court of Pennsylvania.

January 13, 1956.

Attorney(s) appearing for the Case

Clarence R. Kramer, with him William C. Chase, for appellant.

Joseph J. Lee, with him Frank A. Whitsett, and Whitsett & Lee, for appellee.

Before STERN, C.J., STEARNE, JONES, BELL, MUSMANNO and ARNOLD, JJ.

OPINION BY MR. JUSTICE BELL, January 13, 1956:

The facts in these appeals are complicated and the issues arising thereout difficult of solution.

McGary filed a complaint in equity on March 19, 1954 against Lewis and Margaret S. Lewis, his wife, seeking to reopen and change a judgment he had obtained against Lewis into a judgment against Lewis and his wife. McGary alleged that he was deceived by Lewis, and by Mrs. Lewis's silence into believing...

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