Hopple v. Star City Elevator Co., 20403
Decision Date | 22 March 1967 |
Docket Number | No. 20403,No. 1,20403,1 |
Citation | 224 N.E.2d 321,140 Ind.App. 561 |
Parties | George W. HOPPLE and Max Wentz, Appellants, v. STAR CITY ELEVATOR CO., Inc., Guy H. Wilson, Robert E. Ortman, Vernon Payne and the Pulaski Farm Bureau Co-Operative, Inc., Appellees |
Court | Indiana Appellate Court |
Kizer & Neu, Plymouth, for appellants.
Joseph A. Noel, Kokomo, Paul W. Marrs, Indianapolis, for appellees.
Appellants appeal from an adverse judgment on their suit against appellees as proceedings supplementary to execution to collect a previously entered judgment rendered in favor of appellants against appellee, Star City Elevator Co., Inc.
Appellants' complaint for proceedings supplementary to execution, omitting caption and formal parts, is as follows:
'1. That on the 3rd day of January, 1962, the plaintiffs recovered a judgment in this the Marshall Circuit Court against the above named defendant, Star City Elevator Company, Inc. for $40,750.00 and_ _costs.
'2. That thereafter on the 23rd day of January, 1962, plaintiffs caused an execution to issue thereon to the Sheriff of Pulaski County being the county wherein said defendant, Star City Elevator Company, Inc. then and now has its principal place of business.
'3. That thereafter on the 25th day of April, 1962, the sheriff of Pulaski returned said execution wholly unsatisfied, endorsed 'no property of defendant subject to execution found on which to levy this writ.'
'WHEREFORE, the plaintiffs request that an order issue to defendants requiring them to appear before this court on the 20th day of Sept., 1963, at 9:30 A.M., to answer under oath concerning the property of the Star City Elevator Company, Inc.
'I affirm under the penalties of prejury that the above and foregoing representations are true and correct to the best of my knowledge and belief.'
The cause was tried to the court, without a jury, and at the conclusion of all the evidence the court found in favor of defendants-appellees, and rendered judgment that plaintiffs-appellants take nothing by their complaint.
Appellants assign as error the overruling of their motion for new trial. All grounds for new trial except specification one, that '(t)he decision of the court is contrary to law', are waived for failure of appellants to support the same by cogent argument or citation of authorities as required by Rule 2--17(e) and (f), Rules of the Supreme Court, 1964 edition. Indianapolis Morris Plan Corp. v. Sparks (1961), 132 Ind.App. 145, 152, 172 N.E.2d 899, (Transfer denied).
Appellees having failed to file answer brief, we will reverse if appellants demonstrate prima facie error.
Appellants contend that the decision of the trial court is contrary to law for the reason that the undisputed evidence shows appellees, Guy H. Wilson, Robert E. Ortman and Vernon Payne...
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...is on the judgment creditor to show affirmatively that the property to be attached is subject to execution, Hopple v. Star City Elevator Co., 140 Ind.App. 561, 224 N.E.2d 321 (1967), and "property should remain in the hands of its rightful owners, no matter how legitimate the claims of cred......
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Willsey v. Hartman, 1069A171
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