Paterson Stove Repair Co. v. Ritzer

The opinion of the court was delivered by

Perskie, J.

Did the trial judge act in excess of power, as prosecutor claims he did, when, under the circumstances of the case at bar, he opened a prior default judgment against respondent, granted a new trial and stayed all proceedings to enforce the collection of the judgment thus entered against respondent until the further order of the court?

The facts giving rise to the stated question are simple. On June 26th, 1930, prosecutor instituted suit against Carl Eitzer and Prank Eitzer, trading as Eitzer Bros., for the recovery of $206.23 for goods sold…