Drury v. Zingarelli

Opinion by

Montgomery, J.,

Plaintiff-appellant has appealed from an order opening a judgment entered in his favor in default of an ap pearanee by defendant-appellee and her husband who is now deceased. The action of the lower court was based upon appellee’s petition and appellant’s answer thereto, no deposition in support of either having been taken. The petition of appellee, surviving defendant, sets forth facts which, if proven, would constitute a defense to appellant’s claim and also alleges that “Neither of the defendants, petitioner or her late husband, received notice at any time, of the…