Spencer v. Fairclough

The opinion of the court was delivered by

Heher, J.

Defendants appeal from a “default” judgment of the Supreme Court in favor of plaintiff entered on April 18th, 1946, for $2,523.27 and costs, on an assessment of damages by the clerk, and also from a rule made by a Circuit Court Judge, sitting as a Supreme Court Commissioner, on the ensuing January 10th, discharging on the merits defendants’ rule to show cause why the judgment should not be. opened as improvidently entered and the defendants allowed to defend the action.

The proceeding to open the judgment entertained by the Supreme Court…