Citation Codes Equivalent Citations citation codes Attorney(S) Nochem S. Winnet, with him B. I. DeYoung and Thomas Ross, for appellant. Albert L. Moise, Byron A. Milner, Thomas J. Lanshe and Stace B. MacEntee, for appellee, were not heard. See more information ... Smart Summary Please sign up to generate summary. Kearns, to use, Appellant, v. Philadelphia Pure Rye Whiskey Distilling Company of Pennsyl Argued January 21, 1935. PER CURIAM, March 25, 1935: A full and thorough examination of the record in this case fails to convince us of an abuse of discretion on the part of the lower court in making absolute the rule to open the judgments, and let the parties defendant into their defenses. The order of the lower court is accordingly affirmed in both appeals, the judgments opened generally and a procedendo awarded, costs to abide final determination of the cases.