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CURRY v. NAPOLITANO

381 Pa. 37 (1955)

Curry v. Napolitano, Appellant.

Supreme Court of Pennsylvania.

March 14, 1955.

Attorney(s) appearing for the Case

Irving W. Coleman, for appellant.

Paul A. McGinley, for appellee.

Before STERN, C.J., STEARNE, JONES, BELL, CHIDSEY and MUSMANNO, JJ.

OPINION BY MR. JUSTICE ALLEN M. STEARNE, March 14, 1955:

The question raised in this appeal by an insurance carrier in a trespass action is whether or not the court below abused its discretion in refusing to open a default judgment unless counsel for defendant filed a statement of his willingness to defend the action to final judgment.

Peter P. Curry and his wife Josephine, the plaintiffs, instituted an action in trespass against Frank

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