Oil Well Supply Co. v. Wickwire

LINDLEY, District Judge.

The motion to dismiss raises the question whether, in view of the facts succinctly pleaded in the complaint, a transcript of judgment was filed with the Circuit Clerk of Wayne County, on the morning of September 18, 1940, or on September 20, 1940.

Plaintiff obtained judgment against one Barnes in the Marion Circuit Court for $7,389.56 on September 16, 1940. On the day following plaintiff’s attorneys mailed to the Circuit Clerk of Wayne County a certified transcript of the judgment writing that they were enclosing the transcript “which is to be filed in your office. When…