Yarnall v. Yorkshire Worsted Mills

Opinion by

Mr. Justice Chidsey,

On May 3, 194-9 a stipulation settling a suit in replevin was entered into signed by then counsel for appellant and counsel for appellee and approved by President Judge Ervin of Delaware County. Appellant on January 12, 1951 filed a petition to set aside this stipulation and reopen the case and a rule was granted. On January 22, 1951 the rule which was previously granted was refused without an answer being filed or a hearing held. This appeal followed.

Prom the allegations in the petition and record papers the following facts appear. On October 1, 1948 an action…