Doughty v. State Dept. of Public Welfare, No. 29183

Docket NºNo. 29183
Citation233 Ind. 475, 121 N.E.2d 645
Case DateSeptember 16, 1954
CourtSupreme Court of Indiana

Page 645

121 N.E.2d 645
233 Ind. 475
William R. DOUGHTY, Grace B. De Armond, Appellants,
v.
STATE DEPARTMENT OF PUBLIC WELFARE, County Department of
Public Welfare of Madison County, Indiana, Appellees.
No. 29183.
Supreme Court of Indiana.
Sept. 16, 1954.

[233 Ind. 476] Lawrence Booram, Anderson, for appellants.

William L. Peck, Anderson, for Madison County Dept. of Public Welfare.

FLANAGAN, Chief Justice.

This is an appeal from an interlocutory order.

Appellees brought this action to recover from appellant, William R. Doughty, the sum of $2,312.20, received by him as Old Age Assistance and Medical Aid, under provisions of the Public Welfare Act, §§ 52-1201 to 52-1220, Burns' 1951 Replacement.

By settlement of a claim in a certain estate then pending in the Madison Circuit Court, said appellant was allowed the sum of $6,000. The complaint sought to have

Page 646

attached or impounded $2,312.20 of that allowance.

On June 17, 1953, the court issued its order to the clerk of its court, attaching and impounding the sum of $2,312.20 as asked.

Thereafter appellant Doughty's demurrer to the complaint was overruled, he refused to plead further, judgment was rendered on the demurrer, and the clerk was ordered to release to appellees the impounded sum of $2,312.20.

[233 Ind. 477] Said appellant appealed, and this court reversed the judgment, with instructions to sustain the demurrer. See Doughty v. State Department of Public Welfare, Ind.Sup.1954, 117 N.E.2d 651.

Petition for rehearing was denied on April 2, 1954, and the certified opinion of this court was spread of record on the order book of the Madison Circuit Court on April 21, 1954. On that day the court made an order vacating the judgment and sustaining the demurrer, and the appellees filed an amended complaint. On April 22, 1954, appellant herein, Grace B. De Armond, an attorney of record for appellant Doughty, withdrew the $2,312.20 which had been impounded by the court's order of June 17, 1953.

On May 17, 1954, the Madison Circuit Court summarily issued an order that Grace B. De Armond return said money to the clerk. This order of May 17, 1954, is the one from which this appeal is taken.

The legal question is whether the order entered by the Madison Circuit Court on June 17, 1953, impounding the money, was still in effect on April 22, 1954, when appellant De Armond withdrew it.

Appellants contend that the order of June 17, 1953, ended with the final judgment, and that the...

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19 practice notes
  • DeFunis v. Odegaard, No. 42198
    • United States
    • United States State Supreme Court of Washington
    • 12 Diciembre 1974
    ...trial court judgment. Markel v. Transamerica Title Ins. Co., 103 Ariz. 353, 442 P.2d 97 (1968); Doughty v. State Dept. of Public Welfare, 233 Ind. 475, 121 N.E.2d 645 (1954); Phebus v. Dunford, 114 Utah 292, 198 P.2d 973 The vacation of our judgment by the Supreme Court effected no change i......
  • Royal Business Machines, Inc. v. Lorraine Corp., Nos. 79-1946
    • United States
    • United States Courts of Appeals. United States Court of Appeals (7th Circuit)
    • 30 Octubre 1980
    ...A reversal of an entire judgment negates the judgment and any orders based upon it. Doughty v. State Page 50 Dep't. of Public Welfare, 233 Ind. 475, 477, 121 N.E.2d 645, 646 (1954); Hunter v. Hunter, 156 Ind.App. 187, 188, 295 N.E.2d 834, 835 For the foregoing reasons the judgment of the di......
  • Hessey v. Burden, No. 92-CV-126
    • United States
    • District of Columbia Court of Appeals of Columbia District
    • 27 Octubre 1992
    ...places in the trial court at the point where the error occurred, and proceed to a decision. Doughty v. State Department of Public Welfare, 233 Ind. 475, 476, 121 N.E.2d 645, 646 (1954) (citation omitted). The trial court correctly relied on Pyramid Van Lines and Doughty in concluding that i......
  • Hessey v. Burden, No. 92-CV-126
    • United States
    • District of Columbia Court of Appeals of Columbia District
    • 29 Diciembre 1992
    ...places in the trial court at the point where the error occurred, and proceed to a decision. Doughty v. State Department of Public Welfare, 233 Ind. 475, 476, 121 N.E.2d 645, 646 (1954)(citation omitted). The trial court correctly relied on Pyramid Van Lines and Doughty in concluding that it......
  • Request a trial to view additional results
19 cases
  • DeFunis v. Odegaard, No. 42198
    • United States
    • United States State Supreme Court of Washington
    • 12 Diciembre 1974
    ...trial court judgment. Markel v. Transamerica Title Ins. Co., 103 Ariz. 353, 442 P.2d 97 (1968); Doughty v. State Dept. of Public Welfare, 233 Ind. 475, 121 N.E.2d 645 (1954); Phebus v. Dunford, 114 Utah 292, 198 P.2d 973 The vacation of our judgment by the Supreme Court effected no change i......
  • Royal Business Machines, Inc. v. Lorraine Corp., Nos. 79-1946
    • United States
    • United States Courts of Appeals. United States Court of Appeals (7th Circuit)
    • 30 Octubre 1980
    ...A reversal of an entire judgment negates the judgment and any orders based upon it. Doughty v. State Page 50 Dep't. of Public Welfare, 233 Ind. 475, 477, 121 N.E.2d 645, 646 (1954); Hunter v. Hunter, 156 Ind.App. 187, 188, 295 N.E.2d 834, 835 For the foregoing reasons the judgment of the di......
  • Hessey v. Burden, No. 92-CV-126
    • United States
    • District of Columbia Court of Appeals of Columbia District
    • 27 Octubre 1992
    ...places in the trial court at the point where the error occurred, and proceed to a decision. Doughty v. State Department of Public Welfare, 233 Ind. 475, 476, 121 N.E.2d 645, 646 (1954) (citation omitted). The trial court correctly relied on Pyramid Van Lines and Doughty in concluding that i......
  • Hessey v. Burden, No. 92-CV-126
    • United States
    • District of Columbia Court of Appeals of Columbia District
    • 29 Diciembre 1992
    ...places in the trial court at the point where the error occurred, and proceed to a decision. Doughty v. State Department of Public Welfare, 233 Ind. 475, 476, 121 N.E.2d 645, 646 (1954)(citation omitted). The trial court correctly relied on Pyramid Van Lines and Doughty in concluding that it......
  • Request a trial to view additional results

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