Thermo Water Lift Co. v. Air Tight Steel Tank Co.

Citations

• 272 Pa. 91
• 116 A. 54
• 1922 Pa. LEXIS 780

Syllabus

<p>Judgment — Opening judgment — Practice, O. P. — Trial without notice to counsel — Discretion—Act of 1915, P. L. 1¡S3.</p> <p>There is no abuse of discretion by the court below in opening a judgment entered on a verdict for plaintiff, in a case begun before the Practice Act of 1915 became effective, where it appears defendant’s counsel, believing that the old practice controlled, after filing an affidavit of defense, awaited a rule to plead, and plaintiff’s counsel placed the case at issue and proceeded to trial ex parte, without defendant’s counsel having any notice thereof.</p>