Fudim v. Kane

This is an action of the case in assumpsit.

In the Superior Court the case was answered by the defendants and assigned for trial November 6, 1925. On that day the defendants did not appear, were called, and the case was defaulted. The plaintiff’s damages were not assessed on that day and have not been subsequently. On November 20, 1925, the defendants moved that the default entered against them be removed. After hearing, this motion was denied by a justice of the Superior Court on January 18, 1926. To this ruling the defendants excepted, and thereafter, without waiting for the entry of final…