Graham v. Loh
Indiana Court of Appeals
From Jennings Circuit Court; Willard New, Judge. Suit by Elbridge G. Graham against Sarah A. Loh and ( others. From a judgment for defendants, plaintiff appeals.
1Opinion of the CourtRoby, J.
To each of the three paragraphs of the appellant’s complaint a demurrer for want of facts was sustained, and he- appeals from the judgment rendered upon his refusal to plead further.
The appellees insist that the proceeding is based upon the statute providing that the court “shall relieve a party from a judgment taken against him, through his mistake, inadvertence, surprise, or excusable neglect, and supply an omission in any proceedings, or complaint on motion filed within two years.” §399 Burns 1901. In proceedings under this statute, it may be shown that no service of proc*184ess was made upon…
2Cases cited33 opinions
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- Earle v. EarleIndiana Supreme Court · 1883
- Knox County v. HarshmanSupreme Court of the United States · 1890
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- Cotterell v. KoonIndiana Supreme Court · 1898
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3Cited by7 opinions
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