LEPSCH v. MARLOWE

No. 19,494.

135 Ind. App. 35 (1963)

189 N.E.2d 116

LEPSCH v. MARLOWE.

Court of Appeals of Indiana.

Rehearing denied May 10, 1963.

Transfer denied July 2, 1963.


Attorney(s) appearing for the Case

Tennis & Cochran and George W. Kilbourne, both of Sullivan, for appellant.

Bedwell & Bedwell, of Sullivan, for appellee.


CLEMENTS, J.

This is an appeal from the refusal of the Sullivan Circuit Court to set aside a default judgment.

On October 3, 1958, the Sheriff of Sullivan County, finding no one at home, left a copy of a summons and complaint at the defendant-appellant's usual or last place of residence. At the time the suit was filed and at the time of the trial, this was statutory notice to the appellant. Section 2-803, Burns' 1946 Replacement.

January 7, 1959, with...

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