Kogen v. Horowitz

Opinion by

Reno, J.,

Plaintiff’s complaint in assumpsit was filed On January 21, 1949. Upon it a notice to answer within 20 days was endorsed. It was served on. defendant on January 28, 1949. After numerous oral and six written requests to defendant’s counsel to file an answer, plaintiff took judgment for want of an answer on September 21, 1949, almost eight months after the complaint had been served. Defendant had notice of the default judgment the day following its entry. Almost four months, later, on January 11, 1950, defendant petitioned the court below to open the judgment, averring that…