ASHTON v. ASHTON


257 Pa.Super. 134 (1978)

390 A.2d 282

James A. ASHTON, Appellee, v. Caroline T. ASHTON, Appellant.

Superior Court of Pennsylvania.

Decided July 12, 1978.


Attorney(s) appearing for the Case

John M. Feeney and June S. Schulberg, Pittsburgh, for appellant.

Gordon F. Harrington, and Greenlee, Richman, Derrico & Posa, Washington, for appellee.

Before WATKINS, President Judge, and JACOBS, HOFFMAN, CERCONE, PRICE, VAN der VOORT and SPAETH, JJ.


CERCONE, Judge:

The instant appeal arises from the lower court's refusal to order the opening of a default judgment entered for want of an answer to plaintiff-appellee's complaint in equity. Since we find that the court below abused its discretion, we will reverse the court's order denying the motion to open and remand for further proceedings.

The relevant facts of the instant controversy are as follows: On July 9, 1976 Mr. James Ashton, plaintiff-appellee...

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