Goldweber v. Callahan

Pee Cueiam.

This case is before us on a rule to show cause why a judgment entered herein should not be set aside and the defendant permitted to file an answer.

On September 4th, 1923, the defendant was served with a summons and complaint in this suit. On the second page of the complaint there was a notice to the defendant that he must file an affidavit of merits within ten days after service upon him if he desired to make a defense and that if he failed to file an affidavit of merits within ten days judgment by default would be entered against him.

The defendant, in' his deposition, says that he…