Stephens v. Bartholomew

Opinion by

Mr. Chief Justice Bell,

This is an appeal by plaintiff, Samuel Stephens, from the Order of the lower Court opening a default judgment.

On November 29, 1965, Stephens filed a complaint in trespass against defendant, Paul Bartholomew. His claim exceeded $10,000. The sheriff served the complaint on December 1, 1965, and twenty-seven days later, on December 28, 1965, judgment by default was entered. On January 12, 1966, * defendant filed a petition to open the judgment and on the same day the lower Court allowed a rule to show cause why the judgment should not be opened. This rule was…