Legal Opinion
Falmouth State Bank v. Hayes
Indiana Court of Appeals
Decided May 19, 1933No. 14,658PublishedCited by 4 opinions
1Opinion of the CourtKime, P. J.
— On October 6, 1930, appellant filed suit upon a promissory note in the sum of $300.00, against James Luther Hayes and Otto E. Hayes. During November, 1930, a default was entered against' the latter, and on December 4,1930, judgment was entered against him in the sum of $346.10. The cause was dismissed as to the co-defendant, James Luther Hayes.
On May 15, 1931, appellee brought this action to set aside the judgment entered against him by default, said action being brought under §423, Burns Ann. St. 1926. This section of the statutes provides that: “The court shall relieve a party from a…
2Cases cited7 opinions
- Masten v. Indiana Car & Foundry Co.Indiana Court of Appeals · 1900
- Hoag v. JeffersIndiana Supreme Court · 1928
- Kokomo Life & Accident Insurance v. WolfordIndiana Court of Appeals · 1929
- Chicago, South Shore & South Bend Railroad v. LucaIndiana Court of Appeals · 1930
- Gwinn v. HobbsIndiana Court of Appeals · 1923
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3Cited by4 opinions
- Beatty v. McClellanIndiana Court of Appeals · 1949
- Continental Assurance Co. v. SickelsIndiana Court of Appeals · 1969
- Continental Assurance Co. v. SickelsIndiana Court of Appeals · 1969
- Sweetman v. Peru Building & Loan Ass'nIndiana Court of Appeals · 1936