Bardonski v. Bardonski

It is unnecessary to enter upon a discussion of the merits of the claim upon which the judgment was founded. It is alleged in the bill, and the proof tends to sustain the allegation, that appellant did not in fact owe the same, and in the absence of countervailing testimony, appellant must have succeeded in the common law action had he interposed his defense. The bill seeks to avoid the consequences of appellant’s negligence in not interposing his defense on the facts; that his co-defendant, Dannecker, was a lawyer, and had received the money as a fee, in the prosecution of a claim in favor…