Peoples Finance Co. v. Roberts

Stanley, Commissioner

Reversing judgment vacating default judgment, affirming default judgment.

A default judgment for $468.25 was rendered at the May term, 1948, of the Perry circuit court against Lester B. Roberts in a suit on a note in favor of the Peoples Finance Company. Process had been timely and duly served on the defendant. At the next September term the defendant moved to vacate the judgment on the ground that he was of unsound mind when it was rendered, having been so adjudged by the Perry county court in November, 1946. The motion was sustained and the default judgment vacated on…