Schenkel v. Citizens State Bank
| Decision Date | 21 March 1967 |
| Docket Number | No. 20461,No. 1,20461,1 |
| Citation | 224 N.E.2d 319,140 Ind.App. 558 |
| Parties | Richard L. SCHENKEL, Appellant, v. CITIZENS STATE BANK, Appellee. Marion C. SCHENKEL, Appellant, v. CITIZENS STATE BANK, Appellee. Kenneth A. SCHENKEL, Appellant, v. CITIZENS STATE BANK, Appellee |
| Court | Indiana Appellate Court |
C. W. H. Bangs, Huntington, for appellants.
Bloom & Bloom, Columbia City, Carlson, Lesh, Spencer, Matheny & McIntosh, Huntington, for appellee.
Citizens State Bank, Plaintiff below, filed its complaint against Appellant on February 9, 1955, for replevin of a certain 1964 Oldsmobile. Personal service of summons was obtained on Defendant-Appellant on February 11, 1965. Appearance was entered for Appellant on February 18, 1965. Notice was served on Appellant's attorney on March 24, 1965, notifying him to plead within 5 days, or by March 29, 1965. This notice was served pursuant to the established rules of the Huntington Circuit Court. Appellant's attorney signed and dated the notice and it was filed with the court on the date he entered thereon.
Appellee moved the court for judgment by default on March 31, 1965. The court made the following entry:
'Comes now the plaintiff by counsel and moves the court for judgment by default against the defendant, Richard L. Schenkel, for failure to plead showing to the court that the plaintiff did notify the defendant in writing to plead herein in accordance with the rules of this Court, and shows to the Court that the defendant has failed to plead pursuant to said notice. The Court now examines said notice to plead and proof of service of the same and sustains the plaintiff's motion for judgment by default. The Court now finds that by reason of such failure on the part of the defendant to plead, the plaintiff is entitled to judgment by default. Return of summons is now filed showing personal service on the defendant, Richard L. Schenkel, which summons with the sheriff's return reads as follows: (Summons heretofore set out). The time for defendant to appear to answer or file any pleadings herein has fully expired and on motion of the plaintiff, the defendant, Richard L. Schenkel, is now 3 times duly called but comes not and is defaulted.
This cause is set for hearing and trial at 9:00 A.M. on April 20, 1965.'
It appears from the record now before us that the amount of damages was not then, and has not yet, been determined. A motion to stay proceedings pending appeal filed by Appellant was granted by the trial court on September 1, 1965.
The sole question we need consider is whether or not a final judgment has been rendered below. It is clear that judgment is not final until and unless it determines the rights of the parties in the suit and reserves no further question or direction for future determination. Pokraka v. Lummus Co. (1952) 230 Ind. 523, 104 N.E.2d 669, and case...
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Hansbrough v. Indiana Revenue Bd.
...248 Ind. 130, 134, 224 N.E.2d 55; Seaney v. Ayres (1958), 238 Ind. 493, 151 N.E.2d 295, 296, 297; Schenkel et al v. Citizens State Bank (1967), 140 Ind.App. 558, 559, 560, 224 N.E.2d 319; Vinson v. Rector (1960), 130 Ind.App. 606, 609, 610, 167 N.E.2d 601; Bobbitt, 1 Indiana Appellate Pract......
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...Ind. 542, 251 N.E.2d 35; Lake County Trust Co. v. Ind. Port Commission (1967), 248 Ind. 362, 229 N.E.2d 457; Schenkel v. Citizens State Bank (1961), 140 Ind.App. 558, 224 N.E.2d 319. And for a purported judgment to be appealable, it must be rendered in a judicial proceeding by one having ju......
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...and be heard as to the amount of damages resulting from such an interlocutory judgment." See Schenkel v. Citizens State Bank (1967), 140 Ind.App. 558, 224 N.E.2d 319, 320 (Ind.Ct.App. 1967). 24. As indicated above, the evidence before the Court does not indicate whether the state court cond......
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...(1972), 151 Ind.App. 7, 279 N.E.2d 254).See also Seaney v. Ayres (1958), 238 Ind. 493, 151 N.E.2d 295; Schenkel et al. v. Citizens State Bank (1967), 140 Ind.App. 558, 224 N.E.2d 319. An appealable final judgment has been described as one which disposes of all the issues, leaving no further......