77 Ind. App. 22 | Ind. Ct. App. | 1921
The record discloses that appellant’s decedent commenced this action against appellees to re
“Comes now the plaintiff and dismisses his complaint at his own costs without prejudice
It is therefore considered, adjudged and decreed by the court that the defendant have and recover of and from the plaintiff all their costs herein laid out and expended.”
On October 20, 1919, the same being the thirty-seventh judicial day of the September term, 1919, of said court, appellee Constance G. Sauer filed a motion to set aside said order of dismissal, entered on October 2,1919, and asked that judgment be entered on the finding theretofore made and announced by the court. No action was taken on said motion at said September term.