Kelly v. Winkler

Plaintiff, whose action in tort has been dismissed twice for want of prosecution, appeals from an order sustaining the motion of defendant Rachel Wallace in the nature of a writ of error coram nobis to vacate a judgment by default entered against her in the sum of $10,000, directing that leave be given the defendant to answer, that the judgment theretofore entered stand as security to abide the outcome of the case and that the case be set on the trial calendar. The order further recites that the motion is sustained on the ground that the defendant was not personally served with notices of…