Fraka v. Malernee

Plaintiff in error, Wanda Fraka, was one of two defendants in the trial court, and defendant in error was plaintiff. We will refer to the parties as they appeared below.

May 23, 1952, plaintiff filed his complaint to recover damages for personal injuries allegedly sustained by him as the result of an automobile accident which he claimed was caused by the negligence of said defendant.

Summons to appear was served July 1, 1952. No appearance having been entered before or on July 23, 1952, defendant’s default was duly entered, and on the same day evidence was taken and judgment entered in favor of…