KOGEN v. HOROWITZ


169 Pa.Super. 349 (1951)

Kogen v. Horowitz, Appellant.

Superior Court of Pennsylvania.

July 19, 1951.


Attorney(s) appearing for the Case

Robert H. Malis, with him David S. Malis, Walter G. Horowitz, and Malis, Malis, & Malis, for appellant.

Paul Weinblatt, with him Harry A. Takiff, for appellee.

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


OPINION BY RENO, J., July 19, 1951:

Plaintiff's complaint in assumpsit was filed on January 21, 1949. Upon it a notice to answer within 20 days was endorsed. It was served on defendant on January 28, 1949. After numerous oral and six written requests to defendant's counsel to file an answer, plaintiff took judgment for want of an answer on September 21, 1949, almost eight months after the complaint had been served. Defendant had notice of the default judgment the...

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