Legal Opinion

Duncan v. Binford

Indiana Court of Appeals

Decided February 22, 1972No. 271A33PublishedCited by 15 opinions

1Opinion of the CourtHoffman, C.J.

The primary issue raised by this appeal is whether it was an abuse of discretion for the trial court to refuse to set aside a default judgment entered against the purported father in a paternity action.

The facts relevant to the issues presented on appeal may be summarized as follows:

On February 6, 1970, plaintiff-appellee (the mother) filed a petition to establish paternity against defendant-appellant (the purported father).

Summons issued from the Clerk of the Superior Court of Hancock County. Such summons was served and the following return was made by the Sheriff of Hancock County:

“RETURN…

2Cases cited24 opinions

  1. United States Fidelity & Guaranty Co. v. PoetkerIndiana Supreme Court · 1913
  2. Aetna Securities Co. v. SickelsIndiana Court of Appeals · 1949
  3. Dobbins v. McNamaraIndiana Supreme Court · 1888
  4. Continental Assurance Co. v. SickelsIndiana Court of Appeals · 1969
  5. Hoag v. JeffersIndiana Supreme Court · 1928

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3Cited by15 opinions

  1. Moe v. KoeIndiana Court of Appeals · 1975
  2. Fitzgerald v. BrownIndiana Court of Appeals · 1976
  3. Jeg v. CjeIndiana Court of Appeals · 1977
  4. Cazarus v. BlevinsIndiana Court of Appeals · 1974
  5. Marriage of Hawblitzel v. HawblitzelIndiana Court of Appeals · 1983

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