121 Ind. App. 635 - Swartz v. Swartz’s Empirical Analysis
1951
Citation profile
8
cited by 8 later decisions
1
states following
April 1975
most recently cited
8 state decisions
Relationships
Relies on United States Fidelity & Guaranty Co. v. Poetker · Himely v. Rose · Rooker v. Bruce · Rooker v. Fidelity Trust Co. · Woodard v. Killen
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““The law regarding the setting aside of default judgments, taken as a result of the mistake, inadvertence, surprise or excusable neglect of the defendant, is ably stated in the following cases: “In the case of Hoag v. Jeffers (1928), 201 Ind. 249, 252, 253 , 159 N. E. 753 , the court said: ‘Under the statute now in force (§ 423 Burns 1926), as under former statutes somewhat similar in effect (§ 396 R. S. 1881), to obtain relief from a judgment taken against a party by virtue of the action granted him by this statute, two things must concur: (1) The judgment taken against the judgment defendant through his mistake, inadvertence, surprise or excusable neglect; and (2)' his showing by his complaint that he has a meritorious defense to the cause of action upon which the judgment against him was founded. [Citing authorities.] ❖ ❖ * ‘It is the function of the trial court to decide the question whether or not the default judgment in the particular case must be set aside, which action requires it to determine the sufficiency of the evidence which bears upon the question of the mistake, inadvertence, surprise or excusable neglect of the plaintiff. United States Fidelity, etc., Co. v. Poetker (1913), 180 Ind. 255 , 102 N. E. 372 , L. R. A. 1917B 984/ “In the case of Carty v. Toro (1944), 223 Ind. 1, 4 , 57 N. E. 2d 434 , the court stated: ‘As indicated in the beginning the trial court in ruling upon the petition was required to exercise a sound judicial discretion [Citing authorities.]”
2 later decisions quote this exact passage“It [the Entry] should be construed in accordance with the conduct of the parties and the intention of the court gathered from the language of the judgment or decree.”
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.