The record discloses that upon the return of the summons before the Justice of the Peace on August 17, 1954, issue was joined in the action and the action was set down for trial by jury on August 20, 1954. It also appears without dispute that on the trial date defendant's attorney appeared thirty-five minutes after the appointed time and was then informed that judgment by default had been entered, and an application to reopen was denied. On appeal the County Court held that...
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