
    Flynn v. Sievers, Appellant.
    June 3, 1957:
    Argued April 24, 1957.
    Before Jones, C. J., Bell, Ohidsey, Musmanno, Arnold, Jones and Cohen, JJ.
    
      S. M. Flitter, with him Eli T. Conner and Alfred I. Ginsburg, for appellant.
    
      Roger A. Woltjen, with him Sidney L. Krawitz and Kraioitz é Woltjen, for appellee.
   Opinion

Per Curiam,

From an order of the Court of Common Pleas of Pike County opening a judgment of non pros entered by default against the plaintiff, Flynn, in his action of replevin, the defendant, Sievers, appeals.

No useful purpose would be served by relating in detail the facts presented by this appeal. It is sufficient to note that the original action in replevin was instituted on July IS, 1950.

The granting of an application to open a default judgment rests within the discretion of the trial court and will not be disturbed on appeal in tbe absence of a manifest abuse of discretion. Bekelja v. James E. Strates Shows, Inc., 349 Pa. 442, 444, 37 A. 2d 502 (1944).

Under tbe peculiar circumstances of this case we are of tbe opinion that tbe lower court did not abuse its discretion in opening tbe judgment. Unfortunately, the conduct of this case reflects unfavorably upon both counsel and tends to bring upon our administration of justice tbe condemnation of litigants. Tbe procrastination on tbe part of tbe attorneys and tbe multitudinous delays which have marked tbe course of this litigation over tbe past half dozen years are glaringly apparent from even a casual reading of the record. Tbe court below should take corrective measures to prevent a re-occurrence of such situations in the future.

Order affirmed.  