Ayrshire Coal Co. v. Thurman
Indiana Court of Appeals
From Pike Circuit Court; John L. Bretz, Judge. Application by the Ayrshire Coal Company for relief from judgment by default in favor of James E. Thurman. From a judgment denying the application, the applicant appeals.
1Dissent
Dissenting Opinion.
Dausman, J.
Having written the main opinion herein in such manner as to meet the approval of the majority of the court, I feel that in justice to myself I ought to state that it does not wholly and fully express my personal convictions.
My individual opinion is that no recognition whatever should be given the first and fourth assignments of error, for the reason that the appeal is not from the judgment rendered on default; that the second assignment of error is entitled to recognition only because it presents prima facie a jurisdictional question; that the third assignment of…
2Cases cited2 opinions
- Kurtz v. PhillipsIndiana Court of Appeals · 1916
- Indiana State Board of Dental Examiners v. FetrowIndiana Court of Appeals · 1918