Redington Hotel v. Guffey

Opinion by

Kenworthey, J.,

This action in assumpsit was brought to recover sums alleged to be due plaintiff for hotel services rendered to defendant or others on his behalf. Judgment was entered on September 10, 1940 for failure to file an affidavit of defense. On September 26, 1940, defendant filed a petition on which the court issued a rule to show cause why the judgment should not be stricken off. After argument before the court en banc the court discharged the rule. Defendant appeals.

President Judge Keller recently 1 quoted from Mitchell’s “Motions and Rules in Pennsylvania,” as follows :…