Continental Assurance Co. v. Sickels

Concurring Opinion.

Sharp, J.

I concur in the result reached by the majority opinion but do not agree with all of the reasoning and the authorities supporting the majority’s conclusion.

I believe that the Appellant’s Complaint was sufficiently broad within the meaning of Burns’ Indiana Statutes Annotated, § 2-1068, to withstand a demurrer. I further believe that the Appellant is entitled to a hearing on the merits of its unverified complaint to set aside the default judgment. The proceedings with reference to the hearing on the merits should be governed by the principles set forth in Schepp v.…