Prosewicz v. Gorski Et Ux.

Opinion by

Hirt, J.,

The action is in assumpsit for meats and groceries sold to the defendants on open book account during the period December 4, 1935 to April. 8, 1936. Both defendants were served with summons and with a statement of claim but they did not appear. Judgment was taken for want of an affidavit of defense on June 28, 1941. Defendants first evidenced interest in the proceeding when plaintiff attached their bank account on February 27, 1942. They then moved to open the judgment alleging that they made no purchases during the period (the rule is still pending) and to strike off the…