Pope v. State ex rel. Davis
Indiana Court of Appeals
From Greene Circuit Court; Theodore E. Slinkard, Judge. Action by the State of Indiana, on the relation of Paul Y. Davis, prosecuting attorney, against Harry E. Pope and others. From a judgment for relator, the defendants appeal.
1Opinion of the CourtEnloe, J.
—This was an action for injunction seeking the abatement of an alleged nuisance. There was a judgment by default against the appellants, and decree abating such alleged nuisance. Afterwards, and at the same term of court, appellants appeared by their attorney and filed affidavits and motion asking that said default and judgment be set aside, and that they be permitted to answer the said complaint on its merits. They based their motion upon facts which they claim show that the failure of their attorney to answer said complaint was excusable neglect within the provisons of our statute.
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2Cases cited1 opinion
- Burroughs v. BurroughsIndiana Supreme Court · 1913
3Cited by5 opinions
- Bryant v. School Town of Oakland CityIndiana Supreme Court · 1930
- Jelm v. JelmOhio Supreme Court · 1951
- Wasman v. DyeIndiana Court of Appeals · 1920
- State v. Rodgers, Court of Common Pleas of Ohio, Franklin County, Civil Division2005
- Ahlberg v. United StatesCourt of Appeals for the Sixth Circuit · 1921