42 Ind. App. 428 | Ind. Ct. App. | 1908
The appellees recovered judgment by default against the appellant and her husband, Jacob Ziegler, in the court below on January 3, 1906. The complaint was in two paragraphs, the first of which averred that on November 9. 1906, the appellant and her codefendant entered into a contract in writing with the appellees, by which appellees
The application to set aside the judgment was heard at the following term of court, when the application was refused. On appeal the errors assigned are: (1) That the first paragraph of the complaint does not state facts sufficient to constitute a cause of action; (2) that the second paragraph of the complaint does not state facts sufficient to constitute a cause of action; (3) that the court erred in' overruling appellant’s motion to set aside the judgment. •
The application to be relieved from the judgment, and the proof offered under it, show, without controversy, that the appellant was an ignorant and inexperienced married woman; that she had no knowledge of business affairs; that she could not read or write, and that she was confined to her house by sickness from the time the suit was begun until the birth of her child, something less than a month after the judgment was rendered; that she promptly, at the same term of court, filed her motion to be relieved from this judgment, setting forth the facts.
Judgment reversed, with instructions to the court below to sustain appellant’s motion to set aside the default and judgment, and to permit appellant to defend the action.