Malicky v. Rosenberg

This action, sounded in negligence for personal injuries, was brought by the plaintiff against the moving defendant by means of the service of the summons and complaint on such defendant on the 10th day of March, 1930. On the 24th day of March, 1930, one Frederick Weyand, an attorney of this court, appeared and served an answer on behalf of this moving defendant. The action was noticed for trial (later discontinued as against the defendant May A. Rosenberg), and in the regular course of trial practice was reached for trial on or about the 25th day of January, 1932.

*198Neither the defendant nor…