Irvin v. Ford

FOSTER, Justice.

This is an appeal from a decree sustaining a demurrer to a bill in equity ánd, upon a failure to amend the same, dismissing it out of court. It is a bill whose object is to set aside a judgment by default rendered against the complainant on the 15th day of November 1948.

*28The suit was filed against the complainant in the circuit court on September 2, 1948, and executed on the 10th. The suit was for damages resulting from an automobile accident in which another person was driving complainant’s car. In the hill to set aside the judgment by default, it is alleged that the driver of…