Better Way Life Ins. Co. v. Linder, Admr.

On January 17, 1940, appellee obtained a default judgment against appellant in an action based upon a policy of life insurance.

On June 22, 1943, appellant commenced this action, under authority of § 8246 of Pope’s Digest, seeking to vacate such judgment on account of unavoidable casualty or misfortune, preventing it from appearing in or defending the previous action. Demurrer to the complaint was sustained; appellant refused to plead further; its complaint was, therefore, dismissed, and it appeals.

The complaint alleged that “on the 10th day of January, 1940, the (original) cause was set for…