Grooms v. Preston

This is an appeal from a judgment of the Common Pleas Court of Adams County overruling a motion to vacate a default judgment. The appellee in this case was the plaintiff in the trial court, and the appellant was the defendant therein. They will be referred to as such throughout this opinion. The litigation arises out of an automobile accident which occurred on July 15, 1958. Plaintiff’s decedent was killed as a result of the accident, and plaintiff filed suit in the Common Pleas Court of Adams County on September 15, 1959. Personal service was had on the defendant the next day. The answer day…