Kennedy v. Kennedy

Indiana Supreme Court

Decided March 23, 1961

Indiana Supreme Court · decided 1961-03-23

Cited by 8 later decisions — most recently November 1985

1 federal appellate · 7 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1961-03-23

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¶1ON PETITION FOR REHEARING

Per curiam.

¶2 *638 *637Appellant has filed petition for rehearing asserting contrary to our previous opinion1 that *638the constitutional questions relating to the “statutes [sic]” he seeks to assert on appeal were previously raised by his petition to vacate and set aside judgment filed in the trial court.

¶3Without determining whether such constitutional questions could properly be raised by such a pléading, an examination of the record reveals there is no mention whatever of any constitutional questions in appellant’s petition to vacate and set aside judgment, and it necessarily follows that his petition for rehearing is entirely without foundation and should be overruled.

¶4Petition for rehearing overruled.

Jackson, J., concurs in result.

¶5Note. — Reported in 173 N. E. 2d 56, 174 N. E. 2d 410, rehearing denied.

¶6. Kennedy v. Kennedy (1961), 241 Ind. 633, 173 N. E. 2d 56.