Kohlbeck v. Handley

KRUCKER, Chief Judge.

This is an appeal from an order granting appellee’s motion to set aside default and default judgment. The appellant, plaintiff below, filed a complaint alleging that the appellee had willfully, maliciously and wrongfully assaulted him on February 14, 1964. The complaint further alleged that as a result of the assault and battery the appellant suffered a broken elbow, a shoulder dislocation and other bodily injuries resulting in some permanent disability. The prayer was for the amount of $35,000.00 actual damages and $25,000.00 punitive damages.

The appellee failed to…