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MONTGOMERY v. AMERICAN HOME ASSURANCE COMPANY

No. 2005.

134 A.2d 582 (1957)

Edith Thompson MONTGOMERY, Appellant, v. AMERICAN HOME ASSURANCE COMPANY, New York, Appellee.

Municipal Court of Appeals for the District of Columbia.

Decided September 16, 1957.

Attorney(s) appearing for the Case

William P. Smith, Washington, D. C., for appellant.

Eugene B. Paulisch, Washington, D. C., for appellee.

Before ROVER, Chief Judge, and HOOD and QUINN, Associate Judges.

PER CURIAM.

This appeal is from an order vacating a judgment by default theretofore rendered against the appellee.

It is urged that the appeal should be dismissed because such an order is not appealable since it is not final. We have held that this type of order is not final and therefore not appealable, assuming the court has jurisdiction and power to grant it.1

Here, the default judgment was rendered on January 2, 1957...

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