Whelan v. MacK

Opinion by

Gunther, J.,

This appeal is from the granting of a rule to open judgment taken in default of an answer. Russell Whelan, appellant, filed a complaint in assumpsit on April 17, 1958, claiming from appellees, John E. Mack and Edna Mack, his wife, the sum of $757.39 as the balance due for repairs made to their home in April, 1953. Two copies of the complaint were served on appellees on April 18, 1958. On May 26, 1958, a fieri facias was issued but not served. On October 7, 1958, an alias fieri facias was issued. Appellees, on October 15, 1958, filed a petition for a rule to show cause…