Vanover v. Ashley

Opinion op the Court by

Stanley, Commissioner

Reversing.

The appeal is from an order overruling a motion to set aside a default judgment and permit the defendant to file an answer and have a trial of the issues.

The appellee, Clarence E. Ashley, sued the appellant, H. R. Vanover, to recover $1,468.70, damages for the loss of an eye, alleged to have been suffered while employed in his mine. The petition was filed and sum mons served on the defendant on September 3, 1943. At the October term of court an order was entered that the allegations of the petition be taken as confessed because of the…