Bailey v. Beekman
Indiana Court of Appeals
1Opinion of the CourtStaton, P.J.
Delors L. Bailey, Irene Bailey, Spencer H. Seaman, and Muriel E. Seaman bring this interlocutory appeal 1 from an order denying their motion for summary judgment in an action for injunction and damages. Two issues are presented for our determination:(1) Was the former judgment which vacated an alley set aside by a later order of the trial court which sustained a motion to dismiss for failure to prosecute a motion for a new trial ?(2) Does a former judgment operate res judicata as to the present action?
We find that the trial court should have granted summary judgment, and we reverse.
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Also in this document: Concurrence.
2Cases cited13 opinions
- Tobin v. McClellanIndiana Supreme Court · 1947
- Palmerton v. HoopIndiana Supreme Court · 1892
- Bonfoy v. GoarIndiana Supreme Court · 1894
- Long v. RuchIndiana Supreme Court · 1897
- Hammond Pure Ice & Coal Co. v. HeitmanIndiana Supreme Court · 1943
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3Cited by11 opinions
- State, Ind. State Highway Com'n v. SpeidelIndiana Court of Appeals · 1979
- Biggs v. MarshIndiana Court of Appeals · 1983
- Law v. Yukon Delta, Inc.Indiana Court of Appeals · 1984
- DeHart v. AndersonIndiana Court of Appeals · 1979
- Braun v. LosheIndiana Court of Appeals · 1979
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