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J.C. PENNEY CO. v. HARKER

No. 62, September Term, 1974.

23 Md. App. 121 (1974)

326 A.2d 228

J.C. PENNEY CO., INC. v. IVA LEOTA HARKER.

Court of Special Appeals of Maryland.

Decided October 16, 1974.

Attorney(s) appearing for the Case

William D. Appler, with whom were William N. Zifchak and Carr, Bonner, O'Connell, Kaplan & Thompson on the brief, for appellant.

John Barry Kelly, II, with whom were Donahue & Ehrmantraut on the brief, for appellee.

The cause was argued before ORTH, C.J., and POWERS and GILBERT, JJ.

ORTH, C.J., delivered the opinion of the Court.

The question in this case is whether a trial judge has revisory power over a judgment for damages after a default judgment fixing liability1 has become enrolled. The trial judge here believed that he did not have such power. We think he was wrong.

I

On 30 October 1973 a judgment by default for want of a plea was entered in the Circuit Court for Montgomery County in favor...

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