Opinion
No. 17,321.
Filed February 2, 1945.
APPEAL — Final Judgments — Default Judgment Set Aside — Judgment not Appealable. — A judgment vacating and setting aside a default judgment is not a final, appealable judgment within the meaning of the statutes authorizing appeals.
From the Dubois Circuit Court; Eldo W. Wood, Judge.
Action by Owen F. Kelly against Vernon R. Thomas to vacate and set aside a default judgment. From a judgment for plaintiff, defendant appealed.
Appeal Dismissed. By the court in banc.
P.F. Mason, L.A. Savage, and L.N. Savage, all of Rockport, for appellant.
Thomas W. Lindsey, of Evansville, for appellee.
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. 112, 1 N.E.2d 311; Woodard v. Killen (1925), 196 Ind. 570, 148 N.E. 195.
The appeal is therefore dismissed on the court's own motion.
NOTE. — Reported in 58 N.E.2d 942.