Kearns v. Chocolowski

By this writ of error defendant, John Chocolowski, seeks the reversal of an order of the superior court denying the motion to quash a body execution, and to release defendant from custody of the sheriff.

May 21, 1919, Nan Kearns brought an action in tort against defendant, who was duly served with summons on May 22. The declaration file’d consisted of two counts, the first charging that defendant negligently drove an automobile, injuring plaintiff, the second that defendant wantonly and wilfully drove the automobile so as to strike plaintiff. September 6, 1919, an order of default was entered…