Summary
In Goodfriend v. Diamond Chemical Company, 196 Pa. Super. 319, 175 A.2d 537 (1961) we affirmed, per curiam, the lower court's decision to open a default judgment, on the opinion below, reported at 25 Pa.D. C.2d p. 321.
Summary of this case from Queen City Elec. Supply v. Soltis ElecOpinion
September 15, 1961.
November 16, 1961.
Practice — Judgments — Opening — Equitable considerations — Default judgment against garnishee.
In this case, in which it appeared that the court below held that equitable considerations required that a default judgment entered against a garnishee for failure to file a report should be opened and the garnishee be permitted to file a report, it was Held that the order of the court below should be affirmed.
Before ERVIN, WRIGHT, WOODSIDE, WATKINS, and FLOOD, JJ. (RHODES, P.J., and MONTGOMERY, J., absent).
Appeal, No. 290, Oct. T., 1961, from order of Municipal Court of Philadelphia County, Dec. T., 1960, No. 2266-A, in case of Jerome Goodfriend v. Diamond Chemical Co., Inc. et al. Order affirmed.
Same case in court below: 25 Pa. D. C. 2d 321.
Proceeding upon petition by garnishee and rule to show cause why judgment obtained by plaintiff against garnishee for failure to file a report should not be opened.
Order entered opening judgment, opinion by BOYLE, J. Plaintiff appealed.
Louis Kattelman, for appellant.
Herbert L. Floum, for appellee.
Argued September 15, 1961.
The order of the Municipal Court of Philadelphia County is affirmed on the opinion of Judge JOHN A. BOYLE for the court below, reported at 25 Pa. D. C. 2d 321.