Masten v. Indiana Car & Foundry Co.
Indiana Court of Appeals
From the Marion Superior Court.
1Opinion of the CourtRobinson, J.
—On May 29, 1896, at the May term of the Marion Superior ‘Court, appellant obtained a judgment by default against appellee. At the next term, June 8, 1896, appellee moved to set aside the default and vacate the judgment, and with its motion filed the,affidavit of its attorney, Mr. Ketcham, as to excusable neglect, mistake and inadvertence, and the affidavit of its general manager, Mr. Frazier, as to a meritorious defense to the original suit. Appellant appeared and filed the counter-affidavit of his attorney, Mr. Sherwood, in denial of appellee’s right to the relief asked. Upon the hearing…
2Cases cited65 opinions
- Osborn v. Bank of United StatesSupreme Court of the United States · 1824
- Watson v. Francisco & Humboldt Bay RailroadCalifornia Supreme Court · 1871
- Bigler v. BakerNebraska Supreme Court · 1894
- Fitzpatrick v. PapaIndiana Supreme Court · 1883
- Buck v. HavensIndiana Supreme Court · 1872
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3Cited by29 opinions
- United States Fidelity & Guaranty Co. v. PoetkerIndiana Supreme Court · 1913
- Kreczmer v. Allied Construction CompanyIndiana Court of Appeals · 1972
- Continental Assurance Co. v. SickelsIndiana Court of Appeals · 1969
- Ayrshire Coal Co. v. ThurmanIndiana Court of Appeals · 1920
- Globe Mining Co. v. Oak Ridge Coal Co.Indiana Court of Appeals · 1922
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