Calhoun v. Greening

I

In my view the judgment on the cross claims of Calhoun’s co-defendants, Mick and Cecilia Manns (the Manns) and Robert and Bernice Feistner (the Feistners), is void. No order allowing the Feistners to file cross claims was ever entered. They lodged an order to that effect, but the order was expressly not used. As to the Manns, their motion to file a cross claim was served by mail on Calhoun’s attorney on September 25, just two days before the trial. The Manns’ motion was granted on September 29, 1978, two days after Calhoun had been found liable to the Feistners and the Manns in what passed…