Lepsch v. Marlowe

— This is an appeal from the refusal of the Sullivan Circuit Court to set aside a default judgment.

On October 3, 1958, the Sheriff of Sullivan County, finding no one at home, left a copy of a summons and complaint at the defendant-appellant’s usual or last place of residence. At the time the suit was filed and at the time of the trial, this was statutory notice to the appellant. Section 2-803, Burns’ 1946 Replacement.

January 7, 1959, with no appearance by defendant-appellant either in person or by attorney, a default was taken, and upon plaintiff-appellee’s evidence the court rendered a…