Cohn Flour & Feed Co. v. Mitchell

Judgment confirming, a default was rendered in favor of, plaintiff company against defendant, December 23, '1930.

An appeal was taken from that- judgment, ■ January 6, 1931. '

On December 24, 1930, defendant obtained a rule against plaintiff asking for a cancellation of the judgment. The issu- . .anee of the rule against plaintiff company was obtained on the ground that the judg- - ment of default was confirmed at a time . when the court had informed counsel for defendant that it would not be in session, • and that it had therefore been improvidently allowed. The rule was dismissed.

The avenue…