VanScoten v. Botsford & Kunes

Opinion by

Baldrige, J.,

This case arose out of an application of O. B. Kunes, tbe appellant, to open a judgment and to allow him to enter a defense.

It appears that Botsford and Kunes, in 1902, gave to VanScoten three judgment notes for $60, $74 and $450. On September 14, 1922, VanScoten presented a petition to the court for authority to enter tbe three notes and to consolidate them in one judgment, as provided for in tbe Act of May 26, 1897, P. L. 94; judgment was entered tbe same date for $1,279.37. On* tbe 25th of March, 1929, Kunes presented his petition to open tbe judgment, alleging that…