Hyman v. Schwartz ex rel. Schwartz

SWANN, Judge.

This is a petition for writ of certiorari from an order of the Civil Court of Record, which struck the counterclaim of the defendant below and entered judgment by default against him on the question of liability. The parties will be referred to herein as in the trial court. The facts briefly are as follows.

Plaintiff filed a complaint at law alleging damages incurred as a result of personal injuries sustained in an automobile accident with the defendant. A default judgment was entered against the defendant for failure to answer or otherwise plead. Upon a motion properly made, the…