Streat v. Unity Industrial Life Ins. Co.

This is a suit on a policy of industrial life insurance. Citation was duly served, and, the legal delays having expired without appearance by .defendant, judgment by default was rendered in favor of plaintiff.

On the same day on which judgment was rendered, but several hours later, an answer was filed by defendant, and thereafter, on motion of defendant, a rule was issued ordering plaintiff to show cause why a new trial should not be granted.

In the motion for the new trial, it was alleged that the answer had not been filed in time to prevent default because the attorney for defendant had been…