National Life Insurance Co. of the United States v. Wheeler

On September 14, 1919, the circuit court of Knox county, Indiana, rendered a judgment against the appellant herein, and in favor of the appellee, upon default, for the sum of $375 and costs. On September 2, 1921, the appellant, by its attorney, filed a motion in said court asking to be relieved from said judgment under the provisions of §405 Burns 1914, §396 R. S. 1881.

The record fails to disclose that any notice, of any kind or character, was given to or served upon the appellee of the filing and pendency of said motion.

On September 12, 1921, counsel for appellant appeared in court and…