McCoy v. Royal Indemnity Co.

Opinion by

Trexler, P. J.,

There was judgment entered in the lower court for want of an affidavit of defense. The attorney for the defense had asked by letter sent by mail the plaintiff’s attorney for an extension of the time in which the affidavit had to be filed, but no reply was received. After a short vacation defendant’s attorney returned and was informed that judgment had been entered in his absence. A petition was presented to open the judgment, which the court refused. This appeal followed. Ordinarily the granting or refusal of such petitions is within the sound discretion of the lower…