Silent Auto. Corp. v. Folk

Opinion by

Gawthrop, J.,

This is an appeal from an order making absolute a rule to open a judgment taken for want of an affidavit of defense. Service of the summons and of the statement of claim was accepted January 17, 1928. The statement bore the usual endorsement requiring defendant to file an affidavit of defense within fifteen days from the service thereof. The judgment was entered March 22, 1928. An affidavit of defense was filed J une 27,1928, and on the same day the petition to open the judgment was filed, together with a copy of the affidavit of defense. The petition alleged that…