BADGER MUT. INS. CO. v. N. MISS. HOSPITAL

Citation Codes

Equivalent Citations

citation codes

Docket Number

No. 41811.

Attorney(S)

Wall Doxey, Jr., Holly Springs; James Stone Sons, Oxford, for appellant. I. The lower court erred in overruling motion of defendant for default judgment to be set aside and for defendant to be allowed to file its answer and to try the case on its merits. Fore v. Folsom, 4 How. (5 Miss.) 282; Manning v. Lovett, 228 Miss. 191, 87 So.2d 494; City of Meridian v. Trussell, 52 Miss. 711; Porter v. Johnson, 2 How. (3 Miss.) 736; Southwestern Surety Ins. Co. v. Treadway, 113 Miss. 189, 74 So. 143. Fant Bush, Holly Springs, for appellees. I. The lower court was correct in refusing to set aside default judgment for appellees. Britton v. Beltz Hoover, 147 Miss. 897, 113 So. 346; Southwestern Surety Ins. Co. v. Treadway, 113 Miss. 189, 74 So. 143; Strain v. Gayden, 197 Miss. 353, 20 So.2d 697; Secs. 1519, 1712, Code 1942.

Judges

JONES, J.

See more information ...

Smart Summary

Please sign up to generate summary.

BADGER MUTUAL INSURANCE COMPANY v. TRUSTEES OF THE NORTH MISSISSIPPI HOSPITAL

1. Judgment — refusal to set aside default judgment was error.

Refusal to set aside default judgment upon motion seasonably made was error.

Headnote as approved by Jones, J.

JONES, J.

This case was appealed from the Circuit Court of Marshall County on judgment for appellees.

The lower court rendered a default judgment on the question of liability and directed issuance of a writ of inquiry to ascertain damages. A motion to set aside the default judgment, seasonably made, was overruled.

(Hn 1) Without detailing the facts, suffice it to say it was error not to set aside such default judgment. Kennard v. State, No. 41,793, decided March 6, 1961, not yet reported, and civil cases therein cited.

The case is reversed and remanded for further proceedings in accordance herewith.

Reversed and demanded.

McGehee, C.J., and Lee, Arrington and Rodgers, JJ., concur.

BADGER MUTUAL INSURANCE COMPANY v. TRUSTEES OF THE NORTH MISSISSIPPI HOSPITAL

Comments