White v. Alston

Opinion by

Spaeth, J.,

This is an appeal from an order granting appellee’s motion to open a judgment of non pros.

The dispute in this case concerns an automobile accident that occurred on February 8, 1969. Only appellant and appellee were involved in the accident. Appellee’s counsel instituted suit by summons on January 26, 1971, and appellant was duly served. On October 31, 1972, a rule was issued on appellee’s counsel to file a complaint or suffer non pros. There is no indication in the record that appellee’s counsel took any action in response to this rule. On November 22, 1972, appellant…