Wasman v. Dye
Indiana Court of Appeals
From Kosciusko Circuit Court; Francis E. Bowser, Judge. Action by August; Wasman and others for relief from a judgment by default in favor of Herbert A. Dye and others. From a judgment denying relief, applicants appeal.
1Opinion of the CourtRemy, P. J.
This is an appeal from a judgment de*12nying appellants’ application for relief from judgment taken against them by default. Appellants have filed a brief in this court showing prima facie error. No brief has been filed by appellees. Such failure may be considered a confession of error, and will justify a reversal. Miller v. Julian (1904), 163 Ind. 582, 72 N. E. 588; Pope v. State, ex rel. (1920), 72 Ind. App. 400, 125 N. E. 908. On the authority of these cases, the judgment is reversed, with instructions to set aside the order and judgment of the trial court denying appellants relief from the…
2Cases cited2 opinions
- Miller v. JulianIndiana Supreme Court · 1904
- Pope v. State ex rel. DavisIndiana Court of Appeals · 1920
3Cited by6 opinions
- Bryant v. School Town of Oakland CityIndiana Supreme Court · 1930
- Marion Malleable Iron Works v. BaldwinIndiana Court of Appeals · 1924
- New York Central Railroad Co. v. GardnerIndiana Court of Appeals · 1940
- Hensley, Admr. v. ReichartIndiana Court of Appeals · 1925
- Feldman v. ElmoreIndiana Court of Appeals · 1928
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