Costello v. Wallace
Indiana Supreme Court
From Superior Court of Marion County (87,274); John J. Rockford, Judge. Action by Frank Wallace against Michael Costello and another. From a judgment for plaintiff, defendants appeal. (Transferred from the Appellate Court under §1405 Burns 1914, Acts 1901 p. 590.)
1Opinion of the CourtLairy, J.
Appellee obtained a judgment against appellants in the superior court for damages on account of personal injuries. The judgment was rendered on default on January 28, 1913, and on February 5, 1913, appellants filed their petition to set aside the judgment and default and to be permitted to defend. Appellee filed an answer to this petition in general denial. The issue thus joined was tried by the court upon affidavits and oral testimony and a decision was rendered in favor of appellee The trial court denied the prayer of appellants’ petition and refused to set aside the judgment and default…
2Cases cited1 opinion
- American Sheet & Tin Plate Co. v. ReasonIndiana Supreme Court · 1915
3Cited by5 opinions
- Hoag v. JeffersIndiana Supreme Court · 1928
- Duncan v. BinfordIndiana Court of Appeals · 1972
- American Sheet & Tin Plate Co. v. ReasonIndiana Supreme Court · 1915
- Walsh v. H.P. Wasson Co., Inc.Indiana Supreme Court · 1938
- Daub v. Van LundyIndiana Court of Appeals · 1917