Friendly Finance Corp. v. Calise

This case is before us on the defendant’s petition for certiorari wherein he seeks review of a ruling of a justice of the superior court denying his motion to answer a civil action out of time.

The plaintiff sued defendant on a promissory note. Personal service on defendant and attachment of his real and personal property was effected on February 20, 1968. The defendant did not answer the complaint against him within the 20 days required by Rule 12(a) of the rules of civil procedure of the superior court. On June 11, 1968, how ever, defendant filed his motion in superior court asking that he…