D'Amore v. Erthal

Opinion by

Mb. Justice Eagen,

This is an appeal from an order below opening a default judgment entered in an action of trespass.

The action was instituted on May 25, 1965, and the complaint was served upon the defendant the same day. The claim arose out of an automobile accident which occurred on March 21, 1964.

On September 23, 1965, judgment was entered against the defendant for failure to enter an appearance. On September 26, 1965, a petition to open the judgment was filed which was timely answered. On December 10, 1965, the court ordered the judgment opened.

An examination of the record…