13 Pa. Super. 651 | Pa. Super. Ct. | 1900
Opinion by
Judgment was entered against the defendant in default of an appearance on June 13, 1899, the first day upon which judgment could have been entered for that cause. The defendant, on June 17, 1899, presented his petition and affidavit, praying the court to open the judgment. The court granted a rule on the plaintiffs to show cause why the judgment should not be opened, which rule was subsequently madabsolute. From that order the plaintiffs appealed.
The defendant, in his petition and affidavit upon which the rule to show cause was founded, stated that he had immediately upon the delivery of the summons to him delivered it to his attorney, Rody P. Marshall, which fact was certified to by Mr. Marshall, who took upon himself the responsibility for the delay in entering the appearance. There seems to be no doubt that the defendant did take this step to have an appearance entered, but the contention of the appellant is that the judgment ought not to have been opened because the affidavit of defense to the merits of the action was insufficient. The plaintiffs’ statement set forth that on April 4, 1896, they had leased to one Mrs. John A. Boyd, not the wife of defendant, a
This was an appeal to the equitable powers of the court to open the judgment and let the defendant into a defense, and there is nothing which would warrant us in holding that the court below, in opening the judgment, abused the discretion with which it was invested.
Judgment affirmed.