Walsh v. H.P. Wasson Co., Inc.

Appellee obtained a judgment against appellant in the Superior Court of Marion County, room 5, on September 20, 1935, on an open account. This judgment was rendered on default. On October 28, 1935, the present action was instituted by the appellant to set aside said default judgment, on the ground of mistake, inadvertance, surprise or excusable neglect under Sec. 2-1068 Burns Ind. St. 1933, §173 Baldwin’s 1934, to which complaint the defendant filed an answer in general denial. The issue thus joined was tried by the court and oral testimony was introduced both by appellant and by appellee.…