SHEPARD, J.
This is an appeal by defendant from an order denying defendant's motion to vacate and set aside a default judgment, recall execution, and for restitution of money collected on execution.
FACTS
The record before us shows that on June 22, 1956, the above-entitled action (Superior Court No. 48690) was commenced by plaintiff against defendant on the common count of indebitatus assumpsit for the sum of $34,024.95; that summons was issued...
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