Tindall v. Rhodes

The original opinion under date of March 21, 1973, is withdrawn and this opinion is substituted therefor.

On January 22, 1971, Thelma Rhodes initiated a suit against J. M. Tindall individually and d/b/a J. M. Tindall Gin, for the wrongful death of her husband, an employee of the gin at the time of his death on January 27, 1969. The defendant was duly served but failed to answer, and, after presentation of evidence in support thereof, a default judgment was entered on June 21, 1971.

On July 13, 1971, the defendant filed a motion to set aside the default judgment. On August 26, 1971, a hearing…