Colonial Life & Accident Insurance v. Armstrong

LAWSON, Justice.

This case was submitted on briefs without oral argument. At time of submission it was assigned to another Justice. It was assigned to the writer of this opinion on August 1, 1960.

Colonial Life & Accident Insurance Company, hereinafter referred to as Colonial, filed its bill in the Circuit Court of Marion County, in Equity, to cancel and *137vacate a default judgment which the respondent, Olie B. Armstrong, recovered against Colonial in the Marion County-Court and to enjoin Armstrong from taking further steps to procure the execution of that judgment.

The trial court, after a…