Com., for Use v. Perry

Opinion by

Mr. Chief Justice Kephart,

Appellant is surety on the bond of Albert J. Perry, appointed tax collector for South Brownsville Borough as of April 1, 1920. The bond was conditioned upon Perry’s paying or accounting for the tax charged in his duplicate; it contains a warrant of attorney to confess judgment. In September, 1936, judgment was entered on the bond upon an affidavit that Perry was in default for the year 1920. This was 16 years after the bond was given. Appellant petitioned the court below to open the judgment and let it into a defense for the reason that the county was…