¶1This is an appeal from a judgment de*12nying appellants’ application for relief from judgment taken against them by default. Appellants have filed a brief in this court showing prima facie error. No brief has been filed by appellees. Such failure may be considered a confession of error, and will justify a reversal. Miller v. Julian (1904), 163 Ind. 582, 72 N. E. 588; Pope v. State, ex rel. (1920), 72 Ind. App. 400, 125 N. E. 908. On the authority of these cases, the judgment is reversed, with instructions to set aside the order and judgment of the trial court denying appellants relief from the judgment taken against them by default, and that appellants be granted a new trial.
73 Ind. App. 11
Wasman v. Dye
Decided March 10, 1920
Indiana Court of Appeals · decided 1920-03-10
From Kosciusko Circuit Court; Francis E. Bowser, Judge. Action by August; Wasman and others for relief from a judgment by default in favor of Herbert A. Dye and others. From a judgment denying relief, applicants appeal.
Relies on Miller v. Julian · 72 Ind. App. 400 - Pope v. State ex rel. Davis
Good law ✅— No negative treatment on recordhow we know
Reversed · Decided 1920-03-10
How this case has been cited
Cited by 6 later decisions — most recently January 1940
6 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
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