Mosse v. Goldsmith

Opinion by

Ervin, J.,

This is an appeal from the order of the court below refusing to open a judgment entered by default.

On February 15, 1955 the court below entered an order sustaining defendant’s preliminary objections to plaintiff’s complaint in assumpsit and allowing plaintiff 20 days (later extended to 40 days) to file an amended complaint. Plaintiff did not file an amended complaint but filed interrogatories which were objected to by defendant. On May 6, 1955 the court below sustained the objections. On August 3, 1955, more than five months after leave to amend was given, the court below…