Wintermute v. Reese

Morris, C.

The appellee filed his petition for the partition of certain real estate lying in Vigo county, Indiana, against the appellant and Caroline J. Smith. The defendants appeared by their attorneys to the action and filed an answer to the petition in two paragraphs. The attorneys who filed the answer for the defendants presented affidavits showing that they had, by mistake, appeared for the said Caroline J. Smith without authority; that she was a resident of New York, and had not been served with process. The court allowed said attorneys to withdraw the appearance which they had put in…