Superior Steel & Wire Co. v. Sobel

Opinion by

James, J.,

Plaintiff sued in assumpsit and tbe summons, returnable tbe first Monday of October 1935, and statement of claim, with notice to file an affidavit of defense, were served upon defendant on September 24, 1935. On October 10, 1935, judgment was entered for want of an affidavit of defense. Some time later on that day, counsel for defendant filed an affidavit of defense in the office of tbe prothonotary, but failed to note that judgment bad already been entered. On October 18, 1935, a petition to open judgment was filed by tbe defendant, at wbicb time be proffered bis…