Slater v. Chiccarino Et Ux.

Opinion by

Cunningham, J.,

Plaintiff was the payee and holder of a note, signed October 21, 1930, by Elizabeth Chiccarino, appellant herein, and her husband, Pete Chiccarino, in which they promised to pay him $370 one day after date. Pursuant to a warrant of attorney therein contained, judgment was confessed on this note in the court below and an execution issued.

After various proceedings, which need not be detailed, Elizabeth Chiccarino presented her petition on June 7, 1932, and obtained a rule to open the judgment as to her and permit her to defend; plaintiff answered, denying the material…