Baraonfski v. Malone

Opinion by

Mb. Chief Justice Horace Stern,

There are two reasons why the defendant in this case was not entitled to have the judgment opened which had been entered against him by default. The one is that he did not establish any adequate excuse for his failure to appear and defend the action. The other is that he failed to make timely application for the relief which he sought.

It appears from the scanty record presented to us on this appeal that plaintiff, having been struck by an automobile driven by defendant, brought the present action for damages on June 4, 1951, that defendant was…