Ellerbe v. Goldberg

HOOD, Associate Judge.

This is an appeal granted on application from the Small Claims Branch of the trial court.1 Plaintiff’s claim for ‘an alleged balance due on the purchase of merchandise was filed June 9, 1943. In accordance with Rule 8 of the Small Claims Branch service was made by registered mail and the return receipt showed receipt by defendant’s wife as agent for her' husband. Defendant did not appear on the return day and on July 2, 1943, judgment by default was entered against him upon the filing on behalf of plaintiff of an affidavit in compliance with the Soldiers’ and Sailors’…