Cleveland v. Couch

Opinion of the Court by

Judge Willis

Reversing.

Polly Ann Coucli instituted in the Perry circuit court an action against Alma Cleveland to obtain a new trial of a previous action in which a default judgment had been rendered against her. The ground relied upon was an unavoidable casualty or misfortune which prevented her from appearing or defending. Civil Code, sec. 518, subsec. 7. The circuit court granted the relief sought, and Alma Cleveland has appealed. The facts were stipulated, from which it appears that L. M. McIntosh had instituted an action against Arthur Couch and his wife, Polly Ann…