Finden v. Klaas

Rogosheske, Justice.

Defendant appeals from an order denying his motion to vacate a default judgment and for leave to answer plaintiffs’ complaint in an action for damages arising out of a willful assault.

Plaintiffs commenced their joint action on February 20, 1962, by personal service upon defendant. The complaint alleged that on January 7, 1962, defendant willfully assaulted plaintiff Dennis Finden, the 19-year-old son of plaintiff Harold E. Finden, causing severe and permanent bodily injuries, and that by reason thereof, plaintiff Dennis Finden sustained damages of $30,000 and plaintiff…