Opinion
No. 17,741.
Filed March 18, 1948.
APPEAL — Briefs — Prima Facie Case — Reversible Error. — Where the appellant's brief makes a prima facie showing of reversible error and the appellee files no brief, the cause will be reversed.
From the Cass Circuit Court; Clifford O. Wild, Judge.
Action by Abraham L. Whallon against Ralph H. Wood to have a mechanic's lien filed by the defendant cancelled of record, and to have the asserted lien adjudged void and of no effect. From a judgment for defendant, plaintiff appealed.
Reversed. By the court in banc.
Hillis Hillis and L.J. Burdge, all of Logansport, attorneys for appellant.
The appellant brought this action against the appellee to have a mechanics lien filed by the appellee cancelled of record; to have the asserted lien adjudged to be void and of no effect; and to enjoin the appellee from asserting any rights thereunder.
From an adverse judgment he appealed and has filed a brief which, in our opinion, makes an apparent or prima facie showing of reversible error. The appellee has filed nothing.
For the reasons stated in Meadows v. Hickman (1947), 225 Ind. 146, 73 N.E.2d 343, and Huffman v. Huffman (1947), 117 Ind. App. 601, 75 N.E.2d 172, and on the authority of those cases, the judgment is reversed and the cause remanded with instructions to sustain appellant's motion for new trial.
NOTE. — Reported in 77 N.E.2d 913.