STATE EX REL. MILLER ET AL. v. KROGER, SPL. J.

No. 29,426.

235 Ind. 556 (1956)

135 N.E.2d 520

STATE OF INDIANA EX REL. MILLER ET AL. v. KROGER, SPECIAL JUDGE, SUPERIOR COURT OF MARION COUNTY, ETC.

Supreme Court of Indiana.

Filed June 26, 1956.


Attorney(s) appearing for the Case

Thos. E. Garvin, of Indianapolis, for relators.

R.M. Kroger, pro se.


ACHOR, J.

In June of 1954, the relators Daniel C. Miller and Ann Miller filed suit in Superior Court of Marion County to set aside a judgment for the foreclosure of a mortgage and to have the sale held thereunder declared cancelled. In that action relators asserted that the judgment for foreclosure was entered against them by default without notice or service of process upon them and therefore void. In the action the defendants petitioned the court to appoint a receiver...

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