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COLACIOPPO et ux. v. HOLCOMBE

166 Pa.Super. 186 (1950)

Colacioppo et ux. v. Holcombe, Appellant.

Superior Court of Pennsylvania.

January 12, 1950.

Attorney(s) appearing for the Case

Abraham T. Needleman, with him Aaron Osherow and Joseph A. Rhode, for appellant.

James Iannucci, for appellees.

Before RHODES, P.J., DITHRICH, ROSS, ARNOLD and FINE, JJ. (HIRT and RENO, JJ., absent.)

OPINION BY DITHRICH, J., January 12, 1950:

This is an appeal from the refusal of the court below to open a judgment entered under Rule 1047 of the Pa. Rules of Civil Procedure, which provides: "The prothonotary, on praecipe of the plaintiff, shall enter judgment against a defendant by whom no appearance or pleading to the complaint is filed. In this case, the damages shall be assessed at a trial at which the issues shall be limited to the amount of the damages." A...

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