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HEDGES ET AL. v. COMPTON

No. 18,741.

127 Ind. App. 184 (1957)

139 N.E.2d 563

HEDGES ET AL. v. COMPTON.

Court of Appeals of Indiana.

Filed January 22, 1957.

Attorney(s) appearing for the Case

Victor Ahrens and Wilbur F. Dassel, of Evansville, for appellants.

Robert S. Wagoner, of Rockport, David I. Day, Jr. and Marshall, Batman & Day, of Terre Haute, for appellee.

KELLEY, P.J.

On September 15, 1954, appellants filed complaint against appellee to set aside a default judgment previously recovered by appellee against appellants. Endorsed on appellants' complaint was a praecipe to the Clerk for the issuance of a summons for appellee, returnable September 29, 1954. Appellants say that on September 15, 1954, the Clerk prepared and signed a summons directed to the Sheriff of Spencer County, commanding the latter to summon the appellee...

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