Berwyn Fuel & Feed Co. v. Kolb

The question presented by this appeal is whether the trial court, absent a showing of fraud, mistake or irregularity, erred in striking out a judgment by default that had been entered more than thirty days before the filing of a motion to set the judgment aside. We think it did. The plaintiff-appellant is the Berwyn Fuel & Feed Company, Inc. The defendant-appellee is John P. Kolb.

In a declaration based on three of the common counts — goods bargained and sold, work done and materials furnished and money found to be due on accounts stated between them — the plaintiff sued the defendant on May…