Bailey v. Eiler

GOURLEY, Chief Judge.

This matter comes before the Court on plaintiff’s petition to open the default judgment entered by this Court on May 25, 1961, against Mooney Aircraft, Inc., a corporation, and Mooney Sales Company, a corporation, as to liability in which it was further ordered that, as to the defendants, the only question for the determination of the Court and jury was the amount of damages as to said defendants.

The plaintiff now moves to dismiss the action as it relates to said defendants for the reason that this Court was without authority by its order of September 1, 1960, to empower…