Warren Savings Bank & Trust Co. v. Foley

Opinion by

Mr. Justice Simpson,

Plaintiff entered judgment against T. J. Foley and Ellen M., his wife, on a bond and warrant of attorney executed by them. Upon considering the depositions taken on a rule to open the judgment, the court struck off the judgment against the wife, but discharged the rule so far as concerned the husband. He having died, his executrix prosecutes the present appeal.

The court below gives two reasons for refusing to open the judgment as to decedent: (1) Because of laches in applying for relief, and (2) Because the evidence was insufficient to justify the submission of…