Brumley v. Lewis

PALMORE, Judge.

This appeal is taken from an order setting aside a judgment theretofore entered by the same court in a separate proceeding. A motion to dismiss has been passed to the merits so that an opinion might be written settling the question of whether such an order is appealable.

The complaint in this case, filed in the Clay Circuit Court in June of 1958, alleged in effect that the defendant Brumiey (appellant herein) had obtained a $15,000 judgment against plaintiffs (appellees herein) in the same court at its May 1958 term, though plaintiffs had never been summoned and had not appeared…