Nikulnikoff v. Orthodox Russian Church of St. Andrew, Inc.

Opinion by

Gawthrop, J.,

This is an appeal by plaintiff from an order making absolute defendant’s rule to open judgment entered against it by default for failure to file an affidavit of defense within fifteen days after service upon it of a copy of the statement of claim, which was endorsed as provided by Section‘10 of the Practice Act of 1915.

The action was in assumpsit. The summons was issued November 30, 1926, which was nine days before the claim would have been barred by the statute of limitations. The writ was served on defendant on December 6, 1926. December 24, 1926, the present counsel…