Ryan v. Johnson

Bruñe, C. J.,

delivered the opinion of the Court.

The question here is whether or not the trial court abused its discretion in refusing to grant the defendant’s motion to strike out a judgment in favor of the plaintiff entered by default in a suit in assumpsit, in which the plaintiff filed with his declaration a motion for summary judgment, a notice to plead and an affidavit in support of the motion, to which was appended a statement of the plaintiff’s claim. (See Maryland Rule 610.)

The suit was filed on September 12, 1958, the defendant was returned as having been summoned on September 20th,…