Drabant v. Cure

Opinion by

Mr. Justice Simpson,

This is a curious and most unsatisfactory record. The court below first entered a judgment for defendant, upon the ground that certain questions of law, raised in the affidavit of defense, were conclusive against plaintiff’s right to recover. After the expiration of the term at which the judgment was entered, but within the six months allowed for an appeal therefrom, it granted a rule to show cause why that judgment should not be vacated. On its hearing, without filing an opinion, it made the rule absolute nunc pro tunc, vacated the judgment and allowed defendant…