Peoples Finance & Thrift Co. v. Phoenix Assurance Co.

The appellant in this action presents his case on an unsupported theory as to both the law and the facts. We might be disposed to grant the relief prayed for were it not for the broad discretion given the trial court in the matter of granting new trials.

Appellant in Ms opening statement treats the judgment vacated by the trial court, from which order vacating the judgment and granting a new trial this appeal is taken, as a judgment by default. There is nothing in the record to show that a default was ever entered or a judgment by default rendered.

On the contrary, the record shows an answer on…