56 Ind. App. 499 | Ind. Ct. App. | 1914
Appellee’s complaint is in one paragraph in which he seeks to recover damages from appellant for the latter’s alleged negligence in driving an automobile into
The cause was tried by the court in the absence of appellant and his attorney. Judgment was rendered in appellee’s favor for $275. Appellant sought to have the judgment set aside because of his alleged excusable neglect. We have not been favored with a brief in this case by appellee, so we are obliged to consider the ease as presented by counsel for appellant in his brief.
Errors assigned upon the motion to set aside the judgment because of alleged lack of notice to appellant and his attorney of the setting of the case for trial we need not consider in view of the conclusion we have reached.
Judgment reversed with instructions to sustain the motion to make the complaint more specific, and for other proceedings not inconsistent with this opinion.
Note. — Reported, in 105 N. E. 579. See, also, under (1) 31 Cyc. 644; (2) 31 Cyc. 649; (3) 29 Cyc. 569; (4) 31 Cyc. 669.