Schwartz v. Stewart

Braham, P. J.,

This case comes before the court upon defendant’s petition to open the default judgment obtained against him in an action of trespass. The case has been proceeded with to the point where a sheriff’s jury has liquidated the damages after a hearing in which defendant participated.

Involved is the right of the court to open a default judgment, a right well recognized: Remick v. Letterle, *63489 Pa. Superior Ct. 322; Howland v. Home Insurance Co. of N. Y., 67 Pa. Superior Ct. 276; but always subject to the defense of laches: Brungart v. Butler, 52 Pa. Superior Ct. 349.

It is well to…