Hamburger v. Standard Lime & Stone Co.

Here are two appeals from refusals of the trial judge to strike out two judgments.

On March 27,1948, each of the appellees filed a declaration, for materials furnished, against Ellsworth C. Valentine under the common counts, accompanied by a motion for summary judgment, together with notice of motion and an affidavit with vouchers attached. The defendant was summoned in each case and having failed to appear and answer within the required time, the motion for summary judgment was granted in each case and judgments entered on April 21, 1948, for the sums set out in the respective affidavits.

The…