Fidelity and Casualty Co. of N.Y. v. Lopatka

STEPHENS, Associate Justice.

This suit was brought by appellee against appellant on an accident' policy issued to William Foster, and assigned in part to appellee. Judgment by default, with writ of inquiry, was taken on appearance day for want of an answer. An answer, however, had been filed the day before, which seems to have been treated in rendering judgment by default as no answer, because it was not signed by appellant’s attorney. Within two days after judgment was so rendered, appellant, through its attorneys, filed a motion to set it aside, which was overruled, and afterwards during the…