FOX v. MELLON


438 Pa. 364 (1970)

Fox v. Mellon, Appellant.

Supreme Court of Pennsylvania.

April 28, 1970.


Attorney(s) appearing for the Case

C. Richard Morton, with him Griffith, Morton & Buckely, for appellant.

Albert B. Wrigley, with him Kranzley, Wrigley, Yergey and Daylor, for appellee.

Before JONES, COHEN, EAGEN, O'BRIEN, ROBERTS and POMEROY, JJ.


OPINION BY MR. JUSTICE COHEN, April 28, 1970:

This is an appeal from the refusal of the court below to open a default judgment which was taken at 9:08 a.m. on the twenty-first day following service of the complaint.

This action arose out of an automobile accident which occurred on May 15, 1964. On August 9, 1968, over four years later, appellee commenced her suit in trespass by filing a Praecipe for a Writ of Summons which was served on August 15. Appellant...

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