State Ex Rel. Coleman v. Williams

In 1929, Petitioner instituted a common law action against B. J. Kaenig and Henry Hodges to recover damages for personal injuries. The declaration was in two counts and on demurrer was held bad as to the first count but was sustained as to the second count. Defendants failing to plead further, a default was entered against them and in June, 1931, damages were assessed by a jury in due course upon which final judgment was entered.

On August 2, 1940, nine years later, the Circuit Court vacated the final judgment and struck the declaration on the theory that it did not state a cause of action and…