Thomas v. Kelly

— This action was instituted by appellee by an original complaint to vacate and set aside a default judgment theretofore rendered against him and in favor of appellant. The court below, to which the cause was venued, granted that relief; appellant’s motion for new trial was overruled and he attempts to prosecute an appeal to this court.

The judgment sought to be appealed from is not a final, appealable judgment within the meaning of our statutes authorizing appeals. § 2-3201, Burns’ 1933. Karnes, Admr. v. Perisho (1938), 104 Ind. App. 584, 12 N. E. (2d) 403; Soil v. Soil (1936), 102 Ind. App.…