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.
1Opinion of the Court
Statement by
Dausman, J.
The action out of which this controversy arose was instituted by the appellee against the appellant to recover damages for personal injury due to negligence. A summons was served on the defendant commanding it to appear on February 27, 1918. On March 5, 1918, the defendant was defaulted. Thereupon the court heard evidence as to the amount of damages to be assessed, and rendered judgment for $5,000 and costs. On the next morning the defendant filed its verified motion to be relieved from the judg*580ment, and with its motion also filed the affidavit of Lucius C. Embree.
The…
2Cases cited28 opinions
- Collins v. MillerSupreme Court of the United States · 1920
- McNamara v. HenkelSupreme Court of the United States · 1913
- Rooker v. BruceIndiana Supreme Court · 1908
- Old v. MohlerIndiana Supreme Court · 1890
- Beatty v. O'ConnorIndiana Supreme Court · 1886
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3Cited by17 opinions
- Cantwell v. CantwellIndiana Supreme Court · 1957
- Mitter v. Black Diamond Coal Co.Wyoming Supreme Court · 1922
- Christ v. JovanoffIndiana Court of Appeals · 1926
- O'Malley v. HankinsIndiana Supreme Court · 1935
- Heck v. WaymanIndiana Court of Appeals · 1932
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