Thomas v. Kelly

Indiana Court of Appeals

Thomas v. Kelly

58 N.E.2d 942, 115 Ind. App. 334, 1945 Ind. App. LEXIS 117

CourtIndiana Court of Appeals

DecidedFebruary 2, 1945

DocketNo. 17,321.

StatusPublished

Cited by3 cases

This text of 58 N.E.2d 942 (Thomas v. Kelly) is published on Counsel Stack Legal Research, covering Indiana Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Thomas v. Kelly, 58 N.E.2d 942, 115 Ind. App. 334, 1945 Ind. App. LEXIS 117 (Ind. Ct. App. 1945).

Pincite

Opinion

Draper, C. J.

— This action was instituted by appellee by an original complaint to vacate and set aside a default judgment theretofore rendered against him and in favor of appellant. The court below, to which the cause was venued, granted that relief; appellant’s motion for new trial was overruled and he attempts to prosecute an appeal to this court.

The judgment sought to be appealed from is not a final, appealable judgment within the meaning of our statutes authorizing appeals. § 2-3201, Burns’ 1933. Karnes, Admr. v. Perisho (1938), 104 Ind. App. 584, 12 N. E. (2d) 403; Soil v. Soil (1936), 102 Ind. App. 112, 1 N. E. (2d) 311; Woodard v. Kitten (1925), 196 Ind. 570, 148 N. E. 195.

The appeal is therefore dismissed on the court’s own motion.

Note. — Reported in 58 N. E. (2d) 942.

Free access — add to your briefcase to read the full text and ask questions with AI