Wilson Estate v. Transportation Insurance

Opinion by

Trexleb., P. J.,

The sole question before us is, did the court err in discharging defendant’s rule to strike off a judgment entered against defendant by default where the record shows the action brought by “John S. Wilson Estate to the use of A. L. Patterson” without naming an executor, administrator or trustee, or averring the plaintiff is a corporation?

The action was brought August 31, 1932. A statement and summons was duly served upon the defendant. On September 23, 1932, judgment was entered against it in default of an answer. On October 19, 1932, a petition was presented and a…