Horning v. David

Opinion by

Parker, J.,

This is an appeal from an. order of the court below making absolute a rule to show cause why a judgment should not be opened. A summons in trespass was served personally on the defendant February 26, 1938, but through neglect of defendant’s counsel an appearance was not entered for the defendant. The case was in due course placed on a trial list and was tried on May 16, 1938, without the presence or actual knowledge of defendant or his counsel. A verdict was rendered for the plaintiff and judgment was entered on May 28,1938. On August 10, 1938, on petition of defendant, a…