Merchants Nat. Bk. Etc. v. Smulovitz

Opinion by

Rhodes, J.,

Defendant has appealed from the discharge of his rule to strike off a judgment. The judgment was entered with leave of court on a warrant of attorney contained in a judgment note. Defendant moved to strike off the judgment but thereafter withdrawal of the motion to strike off was allowed on application to the court below. Defendant then presented a petition to open the judgment in which he alleged that the note was a forgery. The rule granted on the petition to open was made absolute, and an issue was awarded with directions as to what should constitute the pleadings.…