Vapinski v. Tosetti
Indiana Court of Appeals
Prom Lake Superior Court; John A. Gavit, Judge. Motion by Paul Yapinski and another to set aside a judgment taken against them by default in favor of Ernst Tosetti and others. Prom a judgment overruling the motion, this appeal is prosecuted.
1Opinion of the CourtLairy, J.
— This appeal is taken from a judgment refusing to set aside a default and open up a judgment rendered by the court in favor of appellees and against appellants on April 28, 1909. Appellant, Paul Yapinski, August 1, 1910, filed his motion supported by affidvits by" which he sought to be relieved from such judgment upon the ground that the default was taken and the judgment rendered against him through his mistake, inadvertence and excusable neglect. The proceeding is based upon §405 Burns 1908, §396 R. S. 1881.
1. Appellants wholly fail to disclose such a case of mistake, inadvertence,…
2Cases cited3 opinions
- Moore v. HornerIndiana Supreme Court · 1896
- Carr v. First National BankIndiana Court of Appeals · 1905
- Hall v. StateIndiana Supreme Court · 1928
3Cited by2 opinions
- Smith v. HeynsIndiana Court of Appeals · 1922
- Sweetman v. Peru Building & Loan Ass'nIndiana Court of Appeals · 1936