Carson v. Perkins

FANSLER, J. The appellee brought this action to recover for damages to his automobile resulting from a collision between the automobile and the appellants interurban car which was being operated in Second Street in the City of Evansville. The appellants demurrer to the complaint was overruled. Thereafter, having failed to answer within the time allowed by the court, the appellant was defaulted, and the cause was set for trial for the purpose of determining the amount of damages. Upon the day before the date assigned for trial, the appellant appeared in court and filed his verified motion for a change of Judge upon the grounds of bias and prejudice. It is stated in the affidavit and motion that the appellant did not have knowledge of the facts until the time of making the affidavit, and that the same was made and filed at the first opportunity after acquiring information. On the day of trial the change of Judge was denied, and appellant excepted. The court then heard evidence on the amount of damages, and found for the appellee in the sum of $200, for which judgment was thereafter entered.