Conour v. Zimmerly

January 15, 1934, plaintiff obtained a judgment by confession against defendants. On defendants’ motion the judgment was set aside and defendants were given leave to plead. February 27, they filed an answer alleging new matter and a counterclaim. Plaintiff did not reply within 20 days as required by subsection 3, Rule 8 of the Supreme Court rules. No formal entry of default was entered of record but on April 16 plaintiff filed a motion, supported by affidavit, asking that the default be vacated and that he be given leave to reply to defendants’ answer and counterclaim. The motion was allowed…