Kurtz v. Phillips
Indiana Court of Appeals
From Lake Superior Court; Walter T. Hardy, Judge. Action by John B. Phillips against Flora Kurtz. Judgment for plaintiff by default and from an order overruling a motion to set aside the judgment, the defendant appeals.
1Opinion of the CourtHottel, P. J.
The appellee brought suit in the trial court on a note secured by chattel mortgage. Appellant was defaulted and a judgment rendered against her for $115, for $30 attorney’s fees, and for costs. A foreclosure of the mortgage, and the sale of the mortgaged chattels were also ordered and decreed. At the following term, appellant filed her motion under §405 Burns 1914, §396 R. S. 1881, to set aside the default and judgment, on the ground of “inadvertence, surprise and excusable neglect” of appellant and her attorneys as therein set forth. This motion was overruled, and from the ruling thereon…
2Cases cited21 opinions
- Beatty v. O'ConnorIndiana Supreme Court · 1886
- Mak-Saw-Ba Club v. CoffinIndiana Supreme Court · 1907
- Masten v. Indiana Car & Foundry Co.Indiana Court of Appeals · 1900
- Gray v. SingerIndiana Supreme Court · 1894
- State, ex rel. Shenk v. LungIndiana Supreme Court · 1907
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3Cited by9 opinions
- Tuf-Tread Corp. v. KilbornIndiana Supreme Court · 1930
- Globe Mining Co. v. Oak Ridge Coal Co.Indiana Court of Appeals · 1922
- Bayman v. Farmers Mutual Fire Ins. Assn.Indiana Supreme Court · 1938
- Aocker v. BuellIndiana Court of Appeals · 1970
- Chenoweth v. ChenowethIndiana Court of Appeals · 1917
4 more not listed; retrieve them via the Exa API.