Delewski v. Delewski
Indiana Court of Appeals
From Lake Superior Court; Charles E. Greenwdld, Judge. Application by Leon Delewski for relief from a default judgment against him in favor of Helen Delewski. From a denial of the application, defendant appeals.
1Opinion of the CourtRemy, J.
Application by appellant, under §135 of the Code of Civil Procedure (§405 Burns 1914, §396 R. 5. 1881) , for relief from a judgment taken against him by default. Appellee having filed a counter affidavit, a hearing was had, resulting in a denial of the application. This action of the court is assigned as error.
The only question presented is whether or not, under the facts as shown by the application and counter affidavit, the judgment was taken through appellant’s excusable neglect. These facts are as follows: On November 12, 1918, appellee commenced this proceeding against appellant in the…
2Cases cited3 opinions
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