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ZEHR v. MARCH. (05/21/62)

THE SUPREME COURT OF PENNSYLVANIA


May 21, 1962

ZEHR, APPELLANT,
v.
MARCH.

Appeal, No. 219, Jan. T., 1962, from order of Court of Common Pleas of Montgomery County, June T., 1960, No. 7, in case of Matthew M. Zehr v. William S. March, Thomas M. Bray, Don F. Tarlecki et al. Order affirmed; reargument refused June 13, 1962.

COUNSEL

J. Leon Rabben, with him Leonard F. Markel, and Tubis and Rabben, for appellant.

W. J. C. O'Donnell, with him John P. Yatsko, and O'donnell & O'donnell, for appellees.

Before Bell, C.j., Musmanno, Jones, Cohen, Eagen and O'brien, JJ.

[ 407 Pa. Page 472]

OPINION PER CURIAM

The order of the court below is affirmed on the opinion of President Judge FORREST of the Court of Common Pleas of Montgomery County.

ING OPINION BY JUSTICE COHEN:

Since the petition to open judgment in this case did not contain and the defendants did not prove a meritorious defense, and since the failure on the part of defendants' counsel to represent diligently the defendants has not been properly excused, I would reverse the action of the lower court in opening the judgment.

19620521

© 1998 VersusLaw Inc.



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