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SMITH v. SMITH

427 Pa. 535 (1967)

Smith v. Smith, Appellant.

Supreme Court of Pennsylvania.

November 14, 1967.

Attorney(s) appearing for the Case

C.M. Janavitz, with him David M. Janavitz, and Janavitz & Janavitz, for appellant.

John A. Metz, Jr., with him Harry H. Rosen, Henry G. Beamer, III, and Metz, Cook, Hanna & Kelly, for appellee.

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

OPINION BY MR. JUSTICE COHEN, November 14, 1967:

This appeal arises out of a decree of the Court of Common Pleas of Allegheny County. The decree was entered by default based upon defendant-appellant's failure to appear at the time of trial. After receipt of the decree, appellant made prompt application to the court below for the issuance of a rule to show cause why the decree should not be opened. The court refused to issue the rule to show cause and the appellant...

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