Vitalano v. Roffo

Per Ctjrtam.

At the argument it was practically conceded 'that the default judgment might be opened and a trial had on the merits, saving to the plaintiff all lien and other- advantage arising out of his judgment, execution and levy. Such will be the order. Purther proceedings under the execution Jo abide the event of the trial.

The defendant is in jail by virtue of a capias ad respondendum, having failed to give bail, and asserts that the capias should be set aside and this suit proceed as though commenced by summons. We think he is entitled to this and for two reasons — first, that the…