Firestone v. Firestone
Indiana Supreme Court
Erom the Kosciusko Circuit Court.
1Opinion of the CourtElliott, C. J.
The appellant had appeared and answered the complaint of the appellee, but on the day on which the cause was set for trial failed to appear, and judgment was entered against him by default. At the same term, and within a day or two after the judgment was entered, he moved to set aside the default and judgment.
It is the general rule, that where a defendant’s answers to the complaint are standing, judgment can not be entered against him by default. In such a case, the proper course is to call the defendant and submit the cause to the court for trial. Harris v. The Muskingum Manf. Co., 4 Blackf.…
2Cases cited7 opinions
- Harris v. Muskingum Manufacturing Co.Indiana Supreme Court · 1837
- Kirby v. HolmesIndiana Supreme Court · 1854
- Norris v. Dodge's AdministratorIndiana Supreme Court · 1864
- Kellenberger v. PerrinIndiana Supreme Court · 1874
- Maddox v. PulliamIndiana Supreme Court · 1839
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Baker v. LudlamIndiana Supreme Court · 1889
- Indiana State Board of Medical Registration & Examination v. PickardIndiana Court of Appeals · 1931
- Morgan v. HaysIndiana Supreme Court · 1883
- Snider v. LewisIndiana Court of Appeals · 1971
- Snider v. LewisIndiana Court of Appeals · 1971
1 more not listed; retrieve them via the Exa API.