Wasman v. Dye

Indiana Court of Appeals

Wasman v. Dye

126 N.E. 435, 73 Ind. App. 11, 1920 Ind. App. LEXIS 63

Indiana Court of Appeals·Decided March 10, 1920·No. No. 10,007·Published·Cited by 6 cases

Opinion

Remy, P. J.

This is an appeal from a judgment de[12] nying 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.

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

Remy, P. J.

This is an appeal from a judgment de[12] nying 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.

Wasman v. Dye, 126 N.E. 435, 73 Ind. App. 11, 1920 Ind. App. LEXIS 63 (Ind. Ct. App. 1920).

Pincite

126 N.E. 435 (Wasman v. Dye) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related