166 Ind. 651 | Ind. | 1906
—Appellants brought this suit January 10, 1900, against appellees to obtain a decree canceling and declaring void a judgment rendered by appellee Warner as justice of the peace, in favor of his coappellee against appellants by the name of Meyer Brothers, and to enjoin the collection of the same. The court at the request of the parties made a special finding of facts and stated conclusions of law thereon.' Over a motion for a new trial, judgment was rendered in favor of appellees.
The facts found by the court and necessary to the determination of this cause are, in substance, that appellants are brothers, and as such, under the name and style of “Standard Tailors,” conducted a tailoring establishment in the city of LaEayette, Fairfield township, Tippecanoe county, Indiana, in the years 1898 and 1899. Said business was conducted in said city until about June 22, 1899. One of said brothers, a cripple, remained at their place of business in said city until said business was abandoned, about the date above named, attending to said business during all the
The proceedings before the justice of the peace in said cause on the day set for trial, as entered in his docket, are set forth in the special findings of the court as follows: “And now on June 26, 1899, at 2 o’clock p. m., the day and hour set for trial of this cause, comes the plaintiff in person and by Arthur Cunningham, his attorney, but the defendant comes not, and the return of the constable on the process issued herein showing that the defendant had notice and had been served with process more than three days prior to this date. Therefore defendants are in open court three times audibly called and come not, but herein wholly make default. The plaintiff, W. Bent Wilson, was sworn and examined, and his evidence heard. And the court being fully advised in the premises finds that there is due and owing to the plaintiff from the defendant the sum of $35.25,
No fraud was committed by the constable in his service of said process or in his return indorsed thereon. The conclusions of law stated were in favor of appellees.
In Williams v. Hitzie, supra, this court said at page 308: “Freeman, after stating that it has been held that where judgment has been rendered against a party without service of process and without his knowledge, he may be relieved without showing merits, adds: ‘But the better established rule, undoubtedly, is, that notwithstanding an alleged want of service of process, a court of equity will not interfere to set aside a judgment until it appears that the “result will be other or different from that already reached.” ’ * * * Stokes v. Knarr [1860], 11 Wis. 407. In the last case cited the court says: ‘We do not deem it necessary to decide whether the justice of the peace lost jurisdiction of the case. * * * It may be conceded for the purpose of this cáse that he did, and we still think it does not follow that a court of equity will interfere to enjoin the judgment. Those courts do not interfere merely for
In Woods v. Brown (1884), 93 Ind. 164, this court, at page 168, said: “It has already been observed that the complaint fails to disclose that Pierson has, or ever had, any valid or meritorious defense to the causes of action on which the judgments were predicated. Nor does the complaint show that anything has occurred since their rendition calling for equitable relief. In such case, the better opinion seems to he that a court of equity will not interfere, either to stay proceedings, or to set aside a judgment, on the ground of want of jurisdiction of the person of the judgment defendant. In Williams v. Hitzie [1882], 83 Ind. 303, it was .held that the collection of a judgment rendered before a justice of the peace would not he enjoined for want of jurisdiction, where there was no claim of payment of the judgment or denial of the cause of action upon which it was rendered.”
There are some exceptions to this rule in this State, hut appellants have not by allegation and proof brought themselves within any of them.
Judgment affirmed.