Caromono v. Garman

Gordon, Jr., P. J.,

— The question presented for decision in this case involved the application of two of our rules of court to a situation in which, in our judgment, a strict enforcement of them would work a substantial injustice to plaintiff. The action is in trespass for damages for personal injuries arising out of an automobile accident. The original defendants, Garman and Balzano, were the owner and operator respectively of the vehicle which caused plaintiff’s injury. On March 8, 1939, 61 days after service of process on him, defendant Garman issued and served a writ of scire facias to…