Hartford Fire Insurance Co. of Hartford v. Applebaum
Indiana Court of Appeals
From Greene Circuit Court; Theo E. Slinkard, Judge. Application Tby the Hartford Fire Insurance Company of Hartford, Connecticut, against Phillip Applebaum for relief from a judgment by default. From a judgment for defendant, the applicant appeals.
1Opinion of the CourtRemy, J.
— Application by appellant, under §135 of the Code of Civil Procedure (§405 Burns 1914, §396 R. S. 1881), for relief from a judgment taken against it by default. Appellee answered in denial, and a hearing by the court, resulted in overruling the application. This action of the trial court is the only error relied upon for reversal.
Appellee concedes that the facts set forth in appellant’s petition and supporting affidavits are sufficient to show a meritorious defense to the original action. The only question, therefore, for our consideration is whether or not, under the evidence, the failure…
2Cases cited5 opinions
- Earle v. EarleIndiana Supreme Court · 1883
- Williams v. GroomsIndiana Supreme Court · 1890
- New Albany & Salem Railroad v. GroomsIndiana Supreme Court · 1857
- Proctor v. WalkerIndiana Supreme Court · 1859
- Groff v. WarnerIndiana Court of Appeals · 1909
3Cited by1 opinion
- Standard Development Co. v. BrozIndiana Court of Appeals · 1929