Caudle v. Ellison

This is an appeal from a judgment of the Madison County Circuit Court, denying plaintiff Vaughn Caudle relief under his motion pursuant to Rule 60 (b)(6), A.R.C.P., to have a default judgment set aside.

On January 14, 1979, Vaughn Caudle's brother, Sindle Thurman Caudle, was involved in an automobile accident while transporting the cousin of both men to Decatur, Alabama, in an automobile owned by Vaughn Caudle. At the hearing to set aside the default judgment, Vaughn Caudle testified to the effect that he had not directed his brother to take their cousin to Decatur, although he had given him…