Caromono v. Garman, (Klaus)

Opinion by

Kenworthey, J.,

Appellant, the additional defendant, in this trespass action, was properly served with a Writ of Sci. Fa. on March 13, 1939. After two trials, at neither of which he appeared, and more than a month after final judgments, he, on March 2, 1940, filed a petition to open the judgments and for a new trial on the grounds that (1) plaintiff had failed to comply with the rule of court requiring service of a copy of the order placing the case on the trial list for the second trial, 1 and (2) that the second trial, without his waiver, was held without a jury. 2 The lower court,…