Ehnes v. Wagner

Opinion by

Mr. Justice Arnold,

In this action of assumpsit, defendant appeals from the order of the court below discharging Ms rule to open judgment which had been entered in 1931 for want of an affidavit of defense.

Out of the mass of proceedings and depositions, in which much confusion was created, there evolves one fact that is crystal clear — it would be a grave injustice to disturb this judgment.

In March, 1931, the Broadway Merchants Trust Company filed suit in assumpsit upon a promissory note executed by “King Wagner Co.,” and signed by one William King and “D. L. Wagner.” The record shows…