Bongiovanni v. Spoto

This was a mortgage foreclosure case in which the mortgagor appeals from the final decree, assigning' as the principal error to be argued, the refusal of the Chancellor to open up a decree pro confesso entered after personal service and failure to file answer or other defensive pleading subsequent to entry of appearance.

While the motion to open up the decree pro confesso presented matters upon which the Court, in the exercise of its discretion, may have been warranted in letting in an answer, yet the propositions of fact relied upon as the basis for such motion were sharply controverted, and…