Horn v. Green

Opinion op the Court by

Van Sant, Commissioner

—Affirming.

The petition was filed by appellant, under Subsection 7 of Section 518 of the Civil Code of Practice, seeking to set aside a judgment entered at the May, 1942, term of the Floyd Circuit Court, and asking that he be granted a new trial, in an action in which appellee was the plaintiff and appellant was the defendant. Section 518, in so far as pertinent, recites:

“The court in which a judgment has been rendered shall have power, after the expiration of the term, to vacate or modify it— * * *

“7. For unavoidable casualty or misfortune,…