Webb Sons Co. v. Webber

Burch, J.,

This is an appeal from an order making absolute defendant’s rule to open a judgment which had been taken by default.

The petition to open judgment avers that judgment was entered by default on June 25, 1959, and damages' were assessed on December 18, 1959; that the case arises out of a motor vehicle collision in which defendant was not negligent or, in the alternative, that plain*569tiff was guilty of contributory negligence; that upon receipt of the complaint defendant sent the copy served upon him to an attorney, Roger Soens, Esq.; that defendant heard nothing further until receipt of…