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STEPHENS v. BARTHOLOMEW

422 Pa. 311 (1966)

Stephens, Appellant, v. Bartholomew.

Supreme Court of Pennsylvania.

June 24, 1966.

Attorney(s) appearing for the Case

Norman Shigon, for appellant.

Joseph A. Damico, Jr., with him Chadwick, Petrikin, Smithers and Ginsburg, for appellee.

Before BELL, C.J., MUSMANNO, JONES, COHEN, EAGEN, O'BRIEN and ROBERTS, JJ.

OPINION BY MR. CHIEF JUSTICE BELL, June 24, 1966:

This is an appeal by plaintiff, Samuel Stephens, from the Order of the lower Court opening a default judgment.

On November 29, 1965, Stephens filed a complaint in trespass against defendant, Paul Bartholomew. His claim exceeded $10,000. The sheriff served the complaint on December 1, 1965, and twenty-seven days later, on December 28, 1965, judgment by default was entered. On January 12, 1966,

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