Baker v. Carter

Opinion by

Keix.ee, J.,

The appellant brought this action of assumpsit in the municipal court, and on December 23,1930, served a copy of her plaintiff’s statement on the defendant, claiming the sum of $2,805 for board and rent, and money lent defendant, or expended at her special instance and request.

No affidavit of defense having been filed, on January 9, 1931, judgment was entered for want of an affidavit of defense.

On January 30,1931, the defendant presented a petition to open the judgment, and a rule to show cause why the judgment so entered should not be opened and the defendant allowed to…