Friel v. Beadle

Per Curiam,

This appeal is from the refusal to open judgment entered for want of a sufficient affidavit of defense in an action of assumpsit. An appeal from the judgment was quashed by this court on the ground that it was taken after the time allowed by the statute. Five months after the record was returned to the court below, the defendant filed a petition to open, alleging that, notwithstanding the judgment, his affidavit of defense was sufficient and had been misconstrued by the learned court below. No facts to support a holding that the judgment was void appeared. The only purpose of the…