Myers v. Harrisburg Taxicab & Baggage Co., Inc.
| Decision Date | 27 June 1951 |
| Citation | 368 Pa. 20,82 A.2d 14 |
| Parties | MYERS v. HARRISBURG TAXICAB & BAGGAGE CO., Inc. |
| Court | Pennsylvania Supreme Court |
Action by Joseph M. Myers, trading and doing business as Harman & Myers Express against Harrisburg Taxicab and Baggage Co., Inc. A default judgment was taken against the defendant and thereafter defendant sought a rule to show cause why the judgment taken by default should not be opened. The Court of Common Pleas, of Dauphin County, Pennsylvania, at No. 441 March Term, 1950, Robert E. Woodside, Jr., J., entered an order making the rule to show cause absolute and opening the judgment and plaintiff appealed The Supreme Court, No. 31, May Term, 1951, Per Curiam, affirmed the order on the opinion of the Court below in which it was held that the delay in entering appearance being due primarily to insurance carrier's effort to have appearance entered by a lawyer whom they apparently did not know had recently been elected a judge and could not represent them, equity demanded that the judgment be opened.
Order affirmed.
J. Mettler Pensyl, Sunbury, Paul H. Rhoads, and Rhoads & Sinon, Harrisburg, for appellant.
F. Brewster Wickersham and Metzger & Wickersham, Harrisburg, for appellee.
Before DREW, C. J., and STERN, STEARNE, JONES, BELL, LADNER and CHIDSEY, JJ.
This comes before us as a rule to show cause why a judgment taken by default should not be opened.
It appears that service was made upon the defendant in a trespass action on May 10, 1950. No appearance was entered until June 2, 1950 and in the meantime a default judgment was taken. The delay in entering the appearance was due primarily to the insurance carrier's effort to have an appearance entered by a lawyer whom they apparently did not know had recently been elected judge and could not represent them. Under these facts equity demands that the judgment should be opened. See Scott v. McEwing, 1940, 337 Pa. 273, 10 A.2d 436.
And now, to wit: this 6th day of November, A. D. 1950, the rule to show cause why the judgment should not be opened is made absolute. The judgment is opened and the defendant permitted to defend the action.
The order appealed from is affirmed on the opinion of the court below.
Order affirmed, appellant to pay the costs.
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