Clark v. Lee

Poffenbarger, Judge:

Claiming a balance of $440.09, due him for work and labor and $50.00 for money expended by him in and about the defense of a prosecution in a federal court, Clark brought his action in assumpsit against the defendant, Lee, in August 3908, making the summons returnable to September rules. "With his declaration, he filed the statutory affidavit. A default judgment was rendered in his favor on the 12th day of February 1909. On the second day of March 1909, within the same term, Lee appeared and moved the court to set aside the judgment on the ground of surprise, and his…