Kennedy v. Kennedy

This cause was transferred to this court by the Supreme Court of Indiana (see Kennedy v. Kennedy (1961), 241 Ind. 633, 173 N. E. 2d 56, rehearing denied 174 N. E. 2d 410), in which the Supreme Court had consolidated two appeals. The first appeal was from a judgment rendered on May 15, 1959 and in which the appellant filed a petition to vacate and set aside such judgment on May 28, 1959. Subsequently, on November 24, 1959, the trial court overruled appellant’s motion to set aside the judgment, and then appellant filed his motion for a new trial on November 27, 1959. Thereafter the appellant…