Wardell v. Warshofsky

Pee Cueiam.

In an action for damages for alienation of affections a judgment was entered for $15,000 against the defendant on September 23d, 1931. Although the defendant had filed an answer by his attorney, he and his attorney did not appear when the cause was called for trial and the finding of the jury was predicated upon the proofs of the plaintiff and witnesses produced by her.

On October 10th, 1931, defendant noticed the plaintiff of an application to be made to a justice of this court on October 12th, 1931, for an order to set aside this judgment and the levy under an execution issued…