BARRELLA, ETC. v. Stewart

Syb^rt, J.,

delivered the opinion of the Court.

This appeal questions the grounds relied on by the trial court in striking out certain enrolled judgments in favor of plaintiffs in a personal injury action. In addition, we are asked to decide whether or not the defenses of lack of notice and absence of opportunity to defend are available to the defendant’s insurer in a subsequent attachment case wherein plaintiffs sought to collect their judgments from the insurer under a policy issued to the defendant as proof of financial responsibility.

The appellants, Pasquale Joseph Barrella and his wife,…