Tomaszewski v. George

Plaintiff brought an action to recover damages alleged to have been caused by defendant’s wanton and malicious alienation from plaintiff of his wife’s affection.

Defendant having been defaulted for failure to file an appearance or answer, the cause was submitted to a jury on June 20, 1952, which found that malice was the gist of the action and assessed plaintiff’s damages at $5,000. Judgment was entered accordingly on the same day.

August 20,1952 defendant filed his verified petition, supported by three affidavits, signed by defendant’s wife and two other persons praying that service of summons…