Hellstrom v. McCollum

This is an appeal by Plaintiff Hellstrom from a judgment “as in the case of nonsuit” for Defendant McCollum upon the latter’s motion to dismiss.

Plaintiff sued December 24, 1942 for damages to Ms automobile. McCollum filed Ms motion to dismiss, both parties through their attorneys filed counter affidavits and, after judgment, Hellstrom filed a motion, and affidavit, to vacate the judgment. From these pleadings it appears that on March 28, 1941 McCollum filed suit for damages to his car arising out of the same accident; that after McCollum’s deposition was taken and Hellstrom’s appearance and…