Britton v. Continental Mining & Smelting Corp.

Opinion by

Mr. Justice Ladner,

This is an appeal from an order of the Court of Common Pleas of Allegheny County which made absolute defendant’s rule to open judgment and permitted defendant to file an answer or affidavit of defense on the condition that defendant did not assert a counterclaim against the plaintiff. The suit arose out of the lease of a power shovel to the defendant Continental Mining and Smelting Corporation on August 24, 1943. Plaintiff claimed a default, in the agreement and brought suit on May 4, 1945. The Sheriff of Dauphin County served the defendant on May 24, 1945, by…