Thomas v. Kelly

58 N.E.2d 942, 115 Ind. App. 334, 1945 Ind. App. LEXIS 117

Opinion

Draper, C. J.

— 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. Kitten (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.