Automobile Banking Corp. v. Birkhead

Burling, C. C. J. and S. C. C.

Motion has been made by the defendant William T. Birkhead to open and set aside a judgment as to him, pursuant to Supreme Court rale 94 as recently amended, N. J. S. A. tit. 2, obtained by default against the defendants William T. Birkhead, individually, and Yertner Motors, Inc.

Judgment was entered in the Supreme Court the 16th day of December, 1943, in favor of the plaintiff, and against both defendants. Judgment was entered by default and recited that the defendants failed to appear and defend this action within the time allowed by law.

*136Pursuant to the terms of…