Dormont Motors, Inc. for Use v. Hoerr

Opinion by

Parker, J.,

This is an appeal from an order opening a judgment entered on a verdict of a jury and granting a new trial where the application for relief was not made by the defendant until after two terms had expired following the entry of the judgment. We are of the opinion that under the facts shown the judgment should not have been disturbed.

The action is replevin and was brought to recover possession of an automobile claimed by the plaintiff. The writ issued after a bond was given by the plaintiff and was served by the sheriff who took possession of the automobile and delivered it…