Lucia v. Prudential Insurance Co. of A.

Opinion by

Teexler, P. J.,

This is an action of assumpsit. Summons was issued on August 15, 1932, and a general appearance was entered for the defendant August 22, 1932. By praecipe dated January 3, 1933 judgment was taken for want of an affidavit of defense, judgment being entered as of that date; although there is some ques tion as to whether the prothonotary received the praecipe then or on the following day. On January 9, 1933, a rule to show cause why the judgment should not be opened was entered, and after depositions were taken and the case argued, the court discharged the rule. The…