SMITH v. TONON


231 Pa.Super. 539 (1974)

Smith, Appellant, v. Tonon.

Superior Court of Pennsylvania.

December 11, 1974.


Attorney(s) appearing for the Case

Allen T. Newman, for appellant.

Robert M. Ruzzi, for appellee.

Before WATKINS, P.J., JACOBS, HOFFMAN, CERCONE, PRICE, VAN DER VOORT, and SPAETH, JJ.


OPINION BY HOFFMAN, J., December 11, 1974:

The sole issue in this appeal is whether the lower court abused its discretion by granting appellee's petition to open a default judgment.

Appellant, the operator of an automobile which was struck by a motor vehicle operated by appellee, filed a complaint in trespass against appellee in the Common Pleas Court of Philadelphia County on March 22, 1973. At appellant's direction, the Philadelphia County sheriff deputized...

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