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HIMELSTEIN BROS., INC. v. THE TEXAS CO.

No. 18,622.

125 Ind. App. 448 (1955)

125 N.E.2d 820

HIMELSTEIN BROTHERS, INC. v. THE TEXAS COMPANY.

Court of Appeals of Indiana.

Rehearing denied May 27, 1955.

Attorney(s) appearing for the Case

Louis H. Dunten, Ora R. Kuhlman and Solly K. Frankenstein, all of Fort Wayne, for appellant.

William F. McNagny, Barrett, Barrett & McNagny, of Fort Wayne, for appellee.

KENDALL, J.

Appellant brought this suit in the lower court against the appellee to set aside a default judgment rendered against the appellant in the sum of Fifteen Hundred ($1500.00) Dollars.

The second amended complaint alleged that the appellee obtained judgment through appellant's mistake, inadvertence and excusable neglect. We do not find any allegation in the amended complaint alleging that the appellant...

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