O'TOOLE v. Klimek Boat and Engine Works

Plaintiff sued out a writ of replevin to recover certain goods and chattels. Defendant retained possession by posting a forthcoming bond. In an ex parte hearing, before answer was filed, the trial court found defendant guilty and the right of possession of the property in question in the plaintiff and assessed damages in the sum of $2500 and costs against the defendant.

Judgment order was entered July 1, 1958. Defendant’s first motion to vacate this judgment, made within thirty days after its entry, was denied by the same judge on October 9,1958. That judge died thereafter and on January 5,…