Scottish National Insurance Co. of America v. Adams

Mr.. Presiding Justice Puterbaugh

delivered the opinion of the court.

This is an action of assumpsit upon a policy of insurance. The defendant failed to plead to the declaration within the time provided by the rules of the Circuit Court, whereupon a judgment by default was entered against it for the sum of $525.45. Some ten days thereafter, the defendant moved the court to vacate the order of default and judgment, and for leave to plead, which motion was denied. The defendant prosecutes this writ of error and urges as ground for the reversal of said judgment that the declaration is insufficient…