National Finance Corp. v. Bergdoll

Per Curiam,

This is an appeal by plaintiff from a decree of the court below making absolute a rule to open judgment and permit defendant to file an affidavit of defense. It appears from the record that the proceedings in this case were irregular on the part of plaintiff as well as defendant. The action, assumpsit on an assigned claim for commissions for the sale of real estate, was first brought in the name of the assignee. Judgment was entered for plaintiff for want of appearance on August 21, 1929. On October 23d, of the same year defendant took a rule to strike off the judgment which was…