Eshelman Motors Corp. Ex Rel. Ottenheimer v. Scheftel

A summary judgment having been entered in an action of assumpsit against appellant for the amount of $3,055.05 upon default of defense, it moved within 13 days to set the judgment aside on the ground that the default was inadvertent and that it had meritorious defenses to the action.

For reasons which do not appear of record, the trial court, after hearing, denied the appellant’s motion and granted a motion ne recipiaiur which had been filed by appellee with respect thereto. Thereupon, the appellant prosecuted this appeal in which the appellee filed no brief nor made oral argument. We believe…