Glass v. Farmers National Bank

Opinion by

Me. Justice Jones,

The appellant contends that a court of common pleas lacks power to strike off a judgment of non pros, entered in pursuance of Rule 1037(a) of the Rules of Civil Procedure (354 Pa. XLV) or, in the alternative, if the courts have such power, that the exercise thereof in the instant case constituted an abuse of discretion. The following are the circumstances giving rise to these contentions.

The plaintiff instituted her action in trespass by issuing a summons, but without filing a complaint. The defendant bank was duly served and caused an appearance to be entered for…