Hoag v. Jeffers

This is an action by appellants against appellee by complaint (denominated within itself a motion) under and by virtue of §423 Burns 1926, for relief from a judgment taken against appellants through their mistake, inadvertence, surprise, and excusable neglect, which judgment followed an order of default upon appellants by the court.

Appellee, by his amended complaint, sued appellants and others in an action of tort for damages. The original complaint having been filed on July 8, 1925, and summons issued and served upon appellants, which summons was to appear on September 7, 1925. Thereafter,…