[DOWNLOAD] "Clark County State Bank and Citizens" by Court of Appeals of Indiana No. 1-974A133 # Book PDF Kindle ePub Free

eBook details

Title: Clark County State Bank and Citizens
Author : Court of Appeals of Indiana No. 1-974A133
Release Date : January 06, 1975
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 63 KB

Description

Defendant-appellant Citizens National Bank of Grant County (Citizens) appeals from a judgment by default entered following its alleged failure to timely respond to plaintiffs' complaint and requests for discovery. Ind. Rules of Procedure, Trial Rules 55 (B) and 37(B)(4). The central issue presented is whether the court erred in granting plaintiffs' application for default and denying defendant Citizens' subsequent motion for relief therefrom. On December 13, 1973, plaintiffs filed their complaint against defendants Citizens and Clark County State Bank (Clark) and simultaneously filed interrogatories and requests for admissions addressed to each defendant. Service of summons on defendant Citizens was made on December 18, 1973. Both defendants entered appearances by counsel on January 2, 1974, and Clrk answered on that date. On January 7, 1974, Citizens moved for an enlargement of time of thirty days in which to answer or otherwise respond to plaintiffs' complaint; however, the record fails to reveal a ruling by the court on the motion. During a telephone conversation on January 14, 1974, attorneys for plaintiffs and Citizens agreed to a fifteen day extension of time in which to answer plaintiffs' interrogatories. Thereafter, no further actions were taken by the parties until February 26, 1974, when plaintiffs filed consolidated alternative motions for (1) judgment by default against Citizens for its failure to answer or otherwise respond to plaintiffs' complaint, (2) judgment by default against Citizens for its failure to respond to requests for discovery, or (3) an order compelling discovery and (4) allowance of attorney's fees. Hearing was scheduled for March 18, 1974.