King v. Mitchell

Action by Fay King against Murcell Mitchell and another, for loss of consortium of plaintiff's husband arising out of an automobile collision. The defendant Mitchell moved to be relieved from a default judgment.

The Circuit Court for Grant County, M.A. Biggs, J., made an order denying the motion, and movant appealed.

The Supreme Court, Lusk, C.J., held that movant was entitled to rely on the representation of his employer's personnel and safety director and the employer would defend the action, and that the court abused its discretion.

ORDER REVERSED, AND CAUSE REMANDED.

This is an appeal from an…