Wasman v. Dye
This text of 126 N.E. 435 (Wasman v. Dye) 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.
Opinion
This is an appeal from a judgment de[12]*12nying appellants’ application for relief from judgment taken against them by default. Appellants have filed a brief in this court showing prima facie error. No brief has been filed by appellees. Such failure may be considered a confession of error, and will justify a reversal. Miller v. Julian (1904), 163 Ind. 582, 72 N. E. 588; Pope v. State, ex rel. (1920), 72 Ind. App. 400, 125 N. E. 908. On the authority of these cases, the judgment is reversed, with instructions to set aside the order and judgment of the trial court denying appellants relief from the judgment taken against them by default, and that appellants be granted a new trial.
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Cite This Page — Counsel Stack
126 N.E. 435, 73 Ind. App. 11, 1920 Ind. App. LEXIS 63, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wasman-v-dye-indctapp-1920.