70 Ind. App. 214 | Ind. Ct. App. | 1919
As tbe beneficiary named in an insurance policy issued by appellant association, appellee recovered a judgment against appellant for $5,000 for tbe alleged accidental death of tbe insured, wbo was ber husband. Tbe judgment was rendered by default. At a subsequent term of court appellant filed its motion, supported by affidavits of its secretary and its attorney, for relief from said judgment, which motion was based upon tbe claim that tbe judgment
From this order appellant has appealed to this court. Appellee has moved to dismiss this appeal on the ground that' the entry from which the appeal was taken is not a final judgment from which, under the statute, an appeal will lie.
Appellant’s application to set aside the default was prepared and filed in accordance with the provisions of §135 of the Code of Civil Procedure of this state (§405 Burns 1914, §396 B. S. 1881), which provides: ‘ ‘ The court may also, in its discretion, allow a party to file his pleadings after the time limited therefor; and shall relieve a party from a judgment taken against him, through his mistake; inadvertence, surprise, or excusable neglect, and supply an omission in any procedings, on complaint or motion filed within two years.”
Judgment reversed, with instructions to set aside said default and judgment, to permit appellant to answer the complaint in the original action, and for further proceedings therein.