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eBook details

• Title: Carty v. Toro
• Author : Supreme Court Of Indiana
• Release Date : January 10, 1944
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 49 KB

Description

This is a controversy over a strip of ground three and one-fourth feet wide in Montezuma. The question before us is whether the trial court abused its discretion in refusing to set aside a default judgment against appellant for possession and $50.00 damages. He contends that he has shown "excusable neglect" within the meaning of § 2-1068, Burns 1943 (Supp.), § 173, Baldwins Supp. 1941. The evidence consisted of his affidavit and appellees counter-affidavit. Whether appellant has a meritorious defense which he may present if the default be set aside, a

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