Evans v. Wilkinson

JACKSON, Vice Chief Justice.

The issue in this case is whether an appeal may be taken directly from an order vacating a default judgment.

On November 15, 1965, default judgment was rendered in favor of plaintiff, Josh J. Evans, against defendants, Elizabeth Wilkinson, Executrix, and Elizabeth Wilkinson, individually. On December 9, 1965, the trial court entered an order vacating said judgment, and plaintiff, Evans, did not file a motion for new trial. He seeks to present this appeal directly from the order vacating the default judgment and not from an order overruling motion for new trial.

For…