Mervin Carlos McKinney v. Joseph Boyle, Edith White Boyle, His Wife, and Reba J. Boyle

McKinney appeals from a denial of his motion to vacate a judgment of dismissal of a tort action with prejudice. The judgment had been entered by the District Court of Arizona on December 4, -Í962, upon stipulation of counsels of record for all parties. We affirm.

McKinney, a citizen of Utah, brought a diversity suit against appellees, citizens of Arizona, on April 26, 1961, alleging personal injuries suffered in an automobile accident. After he answered appellees’ interrogatories on November 27, 1961, he took no further action in the ease. Appellees gave notice to his attorney that they would take McKinney’s deposition on December 6, 1962, but he was unavailable, being then a fugitive from justice.

The evidence indicated that appellant, his wife Dora Jane, and their three minor children were vacationing in California in August, 1961, when appellant deserted his family. At that time, he was at large under a $5,000 bond awaiting trial on criminal charges. His wife had signed as surety on the bond; and upon his flight, the bonding company took all her possessions. She and the children returned destitute to their home in Tucson.

Not having heard from appellant since his…