State Ex Rel. Freeman v. Sup. Ct. Marion Co.

The following facts are undisputed and may be briefly summarized as follows:

Herbert M. Spencer is now and was during all the time herein mentioned, the duly elected judge of the Superior Court of Marion County, Room 2, and all the proceedings hereinafter mentioned were had in that court.

On June 12, 1939, Ida Helen Freeman, the relator herein, obtained a default judgment against one Thomas B. Dillon in cause No. B-2687 of the records of said court. On June 26, 1939, Thomas B. Dillon filed a motion to set aside said default judgment under the provisions of Sect. 2-1068, Burns’ Ind. St. 1933.

A…