BEAM v. Carletti

Opinion by

Jacobs, J.,

This is an appeal from the order of the court below opening the default judgment taken by appellants. The issue is whether the lower court abused its discretion in making that order. We find that it did, and reverse.

The present action was commenced on September 28, 1972, when appellants filed a complaint in trespass. The complaint, which notified the defendant to plead within 20 days from service or risk a default judgment, was properly served on defendant-appellee on October 5, 1972. No pleading from defendant was forthcoming and on January 26, 1973, appellants filed a…