Anderson v. Leonard
Indiana Court of Appeals
From Superior Court of Marion County (78,690); James M. Leathers,- Judge. Petition by Henry S. Leonard and another against William P. Anderson to set aside a judgment by default. From a judgment for petitioners, the defendant appeals.
1Opinion of the CourtFelt, J.
— In June, 1909, appellant brought this suit against appellees to replevy an automobile. The summons was duly served, and was returnable June 28, 1909. On June 29 each of the appellees was defaulted, and judgment was rendered against them in favor of appellant.
On September 7, 1909, appellees filed their verified motion to set aside the default and judgment on the ground of mistake, inadvertence and excusable neglect.
1. The petition br motion averred that the suit was an action in replevin, and that appellees had a good and meritorious defense thereto, in this: “That defendants have fully paid…
2Cases cited9 opinions
- Chicago Terminal Transfer Railroad v. WaltonIndiana Supreme Court · 1905
- Knickerbocker Ice Co. v. GrayIndiana Supreme Court · 1904
- Masten v. Indiana Car & Foundry Co.Indiana Court of Appeals · 1900
- Williams v. GroomsIndiana Supreme Court · 1890
- Green v. StoboIndiana Supreme Court · 1889
4 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Newman v. HornerIndiana Court of Appeals · 1914
- Modern Woodmen of America v. JonesIndiana Court of Appeals · 1912
- Mercer v. StateIndiana Supreme Court · 1913
- Hurst v. MannIndiana Court of Appeals · 1912