Horning v. David

Dissenting Opinion by

Rhodes, J.:

In my opinion the judgment entered on the verdict should not be disturbed; I think that the court below erred when it made the rule to open the judgment absolute. There was no irregularity in the proceedings which led up to the verdict of the jury, and I do not consider National Finance Corp. v. Bergdoll, 300 Pa. 540, 151 A. 12, and similar cases controlling. The defendant had been properly served; the case was listed and tried in its regular turn. The petition, to which a responsive answer was filed, does not satisfactorily explain defendant’s delinquency. No…