Clifton v. Cruse

HARWOOD, Justice.

The appellant, Ethel T. Clifton, was injured while riding as a member of a car pool in an automobile owned and operated by Mrs. Jeanette Cruse. The appellee, the Alabama Farm Bureau Mutual Casualty Insurance Company, was the casualty insurer of Mrs. Cruse’s automobile.

Mrs. Clifton thereafter filed suit against Mrs. Cruse. Because of alleged non-cooperation by Mrs. Cruse, which was fully made known to the court, the attorney for the insurer withdrew from the case on the day of the trial after Mrs. Cruse had failed to appear. This was on 3 April 1963.

On that date a judgment nil…