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WHELAN v. MACK

190 Pa.Super. 40 (1959)

Whelan, Appellant, v. Mack.

Superior Court of Pennsylvania.

June 10, 1959.

Attorney(s) appearing for the Case

Joseph T. Murphy, for appellant.

Charles L. Guerin, Jr., for appellee.

Before RHODES, P.J., HIRT, GUNTHER, WRIGHT, WOODSIDE, ERVIN, and WATKINS, JJ.

OPINION BY GUNTHER, J., June 10, 1959:

This appeal is from the granting of a rule to open judgment taken in default of an answer. Russell Whelan, appellant, filed a complaint in assumpsit on April 17, 1958, claiming from appellees, John E. Mack and Edna Mack, his wife, the sum of $757.39 as the balance due for repairs made to their home in April, 1953. Two copies of the complaint were served on appellees on April 18, 1958. On May 26, 1958, a fieri facias was...

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