KILGALLEN v. KUTNA


226 Pa.Super. 323 (1973)

Kilgallen v. Kutna, Appellant.

Superior Court of Pennsylvania.

September 19, 1973.


Attorney(s) appearing for the Case

Joseph R. Wenk, with him Jonathan M. Stein, and B.C. Michael Ihekuna, for appellant.

Robert A. Detweiler, for appellee.

Before WRIGHT, P.J., WATKINS, JACOBS, HOFFMAN, SPAULDING, CERCONE, and SPAETH, JJ.


OPINION BY SPAULDING, J., September 19, 1973:

Appellant John Kutna appeals from the order of Judge Ned L. HIRSH of the Court of Common Pleas of Philadelphia, denying his motion to open default judgment taken against him by appellee James Kilgallen. He contends that the order was entered improperly, in derogation of his rights under Rule 209 of the Pennsylvania Rules of Civil Procedure.

On November 4, 1970...

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