Lynch Burial Ass'n v. Lee

Motion by Lynch Burial Association for an appeal from an order of the Harlan Circuit Court overruling a motion by the association, under CR SS.02 and 60.02, to set aside a default judgment of $650 which Sam Lee had obtained against the association.

The judgment was against the “Lynch Burial Association”- for benefits under a burial insurance policy issued by the association. The sole ground of the motion to set aside the judgment was that the judgment was void because the association was an unincorporated voluntary association and as such was not susceptible to being sued as a legal entity.

Unde…