Louis E. Bower, Inc. v. Silverstein

In November, 1935, Louis E. Bower, Inc., plaintiff, secured a tort judgment by default against defendant in the sum of $450, with a special finding of malice. Subsequently, October 27, 1937, defendant was taken into custody on a capias ad satisfaciendum, and thereafter released on bond. December 7, 1937, defendant filed a petition in the municipal court in the nature of a writ of audita querela and a writ of error coram nobis, asking that the judgment of November 7, 1935, be satisfied of record, or in the alternative, that it be vacated and that a trial be had on the merits. In April, 1938,…