State Indiana v. Mabel Kathleen Heslar

IN.30018; 277 N.E.2d 796; 257 Ind. 625 (1972)

    • CHF 1.00
    • CHF 1.00

Beschreibung des Verlags

Appellee Johnson Chevrolet Co., Inc., has petitioned for a rehearing in this cause. Appellee has raised two issues which were
not discussed in our previous opinion. Johnson Chevrolet contends that since the appellant signed the judgment as approved
it has no basis for appeal. We cannot agree. The situation is quite similar to that which arose in State v. Trotter (1938),
214 Ind. 68, 14 N.E.2d 550. It was there stated: "Before the judgment was entered a draft of the entry was prepared and submitted to the parties. By this entry the agreement
of the parties was carried out, and $2,600 was added to the amount of the verdict, and judgment given for the full amount.
This order seems to have been submitted to the attorneys for the appellant, and it was marked 'O.K.' and signed by appellant's
attorneys. For some reason, in copying the order in the order book, the clerk included the 'O.K.' and the signatures of the
appellant's attorneys. The appellees contend that, by thus approving the order book entry, the appellant consented to the
judgment, and is therefore not in a position to question it on appeal. This contention is not taken seriously. It is a quite
common practice to submit a draft of a decree or judgment to the parties before entering it so that they may have an opportunity
to see that their rights are protected. The approval of such a decree or order cannot be treated as a waiver of errors, objections,
and exceptions." 214 Ind. at 73, 14 N.E.2d at 552.

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