Padaigis v. Kane

The plaintiff sued upon a note for $5000, the defendant pleaded a general denial, and the trial court gave judgment for the plaintiff to recover the amount of the note with interest. Two days later, during the same term of court, the defendant made a motion to open the judgment in order to enable her to offer further evidence and to file an amendment to the answer specially pleading lack of consideration for the note. The trial court opened the judgment but did not then give permission for the filing of the special defense. Some time later it was filed but under what circumstances the record…