Gammel v. Perry

— Plaintiff’s action for property damage arising out of an automobile collision was dismissed by the trial court under rule 215.1, Rules of Civil Procedure. Plaintiff appeals urging for reversal this case was assigned for trial September 13, 1963, defendants were in default for failure to present themselves for trial and his motion for default judgment should have been sustained and the assignment of a ease is a condition precedent to the operation of rule 215.1, the case was assigned for a day certain on October 18, that he amended his motion to ask for a continuance and the court was…