Dunham v. Tappan

This was an application, in the form of a complaint, to correct an order directing the distribution of an estate. The grounds of the application as stated are: first, that the order was erroneous; second, that the plaintiff’s attorney misunderstood the action of the court and, being absent when the order was made, took no exception thereto;

The order was erroneous. Loring v. Craft, 16 Ind. 110, is directly in point; and we have no doubt of the correctness of that decision. But such a proceeding as this to correct an erroneous judgment is without precedent or reason to sustain it.

J. Yaryan, for…