BEST TV, INC. v. SIMBERG

Practice — Default judgments — Opening — Discretion of court — Judgment including punitive damages.

In this foreign attachment proceeding in which plaintiff sought to recover damages in the amount of $6,251.50 for the alleged conversion of plaintiff's personal property and punitive damages in the sum of $50,000, and it appeared that the plaintiff obtained a default judgment against the garnishee in the sum of $59,040.86 because of garnishee's failure to file a report as required by Pa. R. C. P. 1266, and that there had been no assessment of damages against the defendants at a trial, it was Held that judgment had been irregularly entered against the defendants and against the garnishee and that the court below had properly opened the judgment against the garnishee.

OPINION PER CURIAM, September 30, 1957:

This appeal is from an order opening a default judgment entered by the plaintiff against the garnishee in a foreign attachment proceeding because of the garnishee's failure to file a report as required by Rule 1266 of the Pennsylvania Rules of Civil Procedure. The reasons which prompted the opening of the judgment are clearly and fully set forth in the opinion of President Judge LEWIS, reported at 9 Pa. D. C.2d 403. They well justify the court's action and need not be repeated here.

Order affirmed.