Clark County State Bank v. Bennett

Defendant-appellant Citizens National Bank of Grant County (Citizens) appeals from a judgment by default entered following its alleged failure to timely respond to plaintiffs’ complaint and requests for discovery. Ind. Rules of Procedure, Trial Rules 55(B) and 37(B) (4). The central issue presented is whether the court erred in granting plaintiffs’ application for default and denying defendant Citizens’ subsequent motion for relief therefrom.

On December 13, 1973, plaintiffs filed their complaint against defendants Citizens and Clark County State Bank (Clark) and simultaneously filed…