Richey v. Gibboney

Opinion by

Rhodes, J.,

The court below refused to open judgment entered against defendants by default for failure to file an affidavit of defense. Defendants have appealed.

This is an action in assumpsit in which there are nine defendants who were sued jointly. A summons was issued on September 4, 1937. It was served on seven of the defendants on September 13, 1937. On October 4, 1937, an appearance was entered for the seven defendants, and service of the plaintiff’s statement of claim was accepted. On May 21, 1938, an alias summons was issued returnable June 13, 1938, and served on the two…