Hans Zimmerman v. Delos C. Emmons

On May 8, 1946, in the United States District Court for the District of Hawaii, appellant, Hans Zimmerman, a citizen of Hawaii, instituted a civil action for damages. On or before June 9, 1947, appellant filed an amended complaint and a second amended complaint. The second amended complaint named 12 defendants, including appellee, Delos C. Emmons, a citizen of California. Appel-lee was not served with process and did not appear or plead until November 30, 1950, at which time he answered the second amended complaint. Thereafter, on November 30, 1950, appellant moved for a summary judgment. On December 5, 1950, while the motion was pending, a jury trial was commenced. After the jury was impaneled and before any evidence was adduced, the motion was denied. Thereafter, in the course of the trial, appellant filed, and appellee answered, a third amended complaint, which named appellee as the sole defendant and prayed judgment against him for $322,647.42. The jury returned a verdict for appellee, a judgment for ap-pellee was entered thereon, and a motion for a new trial was filed by appellant and was denied. This appeal followed.

Appellant specifies as error the denial of the motion for…