J. A. H. Barkeij v. Ford Motor Co.

For clarity, the parties herein will be referred to as “plaintiff” and “defendant.”

Plaintiff Barkeij has appealed in pro-pria persona from a judgment of the District Court entered June 29, 1954, dismissing his complaint with prejudice. On July 15, 1954, plaintiff filed in the Court below his Motion for Rehearing and New Trial. Subsequently, and during the pen- dency of said motion, two notices of appeal were filed from the judgment, one by plaintiff as attorney pro se on July 22, 1954, and the other by his then attorneys on July 27, 1954. On August 23rd plaintiff petitioned the Court for permission to prosecute his appeal in forma pauperis. The Court below on February 23, 1955, denied plaintiff’s Motion for Rehearing and New Trial; and on October 5, 1955 granted nunc pro tunc, as of the previous February 23rd, defendants’ motion to strike plaintiff’s motions to bring in a third Party defendant, and to proceed in forma pauperis. At the same time the District Judge certified in writing that plaintiff’s petition to appeal in forma pauperis was frivolous and not taken in good faith.

On November 8, 1955, plaintiff, having failed to further prosecute his appeals, defendant moved this…