18 Ind. 431 | Ind. | 1862
The railway company had an action pending against the appellant in the Madison Circuit Court, which was taken by venue to the Delaware Circuit Court
The judgment is reversed, with costs, and the cause remanded.
. This cause was pending in the Madison Circuit Court on a change of venue from the Hancock Circuit Court; and whilst so pending, Jerusha Hannah moved the Court, by John Davis, as her attorney, for a change of the venue again, from the Madison Circuit Court to some other, and the change was granted to the Delaware Circuit Court. After judgment against her there by default, and at the next term after such default, upon affidavits, notice and motion, Jerusha Hamnah moved the Court to be relieved against said judgment, on the ground of surprise and excusable neglect, alleging in the affidavits sufficient merits in her defence, and that she had no knowledge of the change of the venue of said cause to the Delawme Circuit Court; and that Robert L. Walpole was her sole counsel in said cause, and that he had informed her that the venue had been changed to the Hamilton Circuit Court, which she believed to be true, and that she was preparing to make her defence there. Walpole stated in his affidavit, that he had been employed as her attorney, and through John Davis, as his friend and agent, he made the application for a change from the Madison Circuit Court, and was informed by him afterwards