82 A.2d 14

Myers, Appellant, v. Harrisburg Taxicab and Baggage Co., Inc.

Supreme Court of Pennsylvania.May 21, 1951.
June 27, 1951.

Practice — Judgments — Opening — Judgment for want of appearance — Opening.

Where it appeared that a default judgment had been taken for want of a timely appearance, it was Held, in the circumstances, that the judgment had been properly opened.

Argued May 21, 1951. Before DREW, C. J., STERN, STEARNE, JONES, BELL, LADNER and CHIDSEY, JJ.

Appeal, No. 31, May T., 1951, from order of Court of Common Pleas of Dauphin County, March T., 1950, No. 441, in case of Joseph M. Myers, trading as Harman Myers Express v. Harrisburg Taxicab and Baggage Co., Inc. Order affirmed.

Trespass for property damage.

The facts are stated in the opinion, per curiam, of the court below, as follows:

Page 21

This comes before us as a rule to show cause why a judgment taken by default should not be opened.

It appears that service was made upon the defendant in a trespass action on May 10, 1950. No appearance was entered until June 2, 1950 and in the meantime a default judgment was taken. The delay in entering the appearance was due primarily to the insurance carrier’s effort to have an appearance entered by a lawyer whom they apparently did not know had recently been elected judge and could not represent them. Under these facts equity demands that the judgment should be opened. Se Scott, et ux. v. McEwing, 337 Pa. 273 (1940).

Order entered opening judgment.

Plaintiff appealed.

Paul H. Rhoads, with him J. Mettler Pensyl and Rhoads Sinon, for appellant.

F. Brewster Wickersham, with him Metzger Wickersham, for appellee, was not heard.

OPINION PER CURIAM, June 27, 1951:

The order appealed from is affirmed on the opinion of the court below.

Order affirmed, appellant to pay the costs.