Points v. Gibboney

Opinion by

Mr. Justice Stern,

Plaintiff, a member of the bar of Bedford County, is the payee of a judgment note in the sum of $19,726.70 executed by defendants, dated April 6, 1936, and payable one year thereafter. Plaintiff entered judgment on August 22, 1936, and on August 2, 1938, issued execution, whereupon defendants obtained a rule to show cause why the judgment should not be opened to let them into a defense and to permit them to assert a counterclaim. The court made the rule absolute as to all defendants except Anna A. Gibboney, but discharged the rule as to her, and the case is now…