Philadelphia Fixture & Equipment Corp. v. Carroll

Opinion by

James, J.,

This is an appeal from the refusal to open a judgment.

On December 7, 1934 plaintiff entered judgment against defendant on a judgment note, accompanying a bailment lease, for $1,800 dated December 1, 1934. On June 27, 1935 a fi. fa. was issued. Stanley H. Oar-roll, a brother of the defendant, then filed a property claim with the sheriff. A rule for interpleader was made absolute on November 26, 1935, and the case was listed for trial for March 16, 1936. On March 12, 1936 the defendant filed a petition to open the judgment averring in substance that in October 1934, at the…