Indiana Supreme Court, 1859

Adams v. Brown

Adams v. Brown
Indiana Supreme Court · Decided June 23, 1859
12 Ind. 558

Adams v. Brown

Opinion of the Court

Per Curiam.

Judgment by default.

The only error complained of is, as to the sufficiency of the service. The writ was returned “served by reading” as to two of the defendants, and “by copy,” as to the other. If there was any defect as to the service or return, a motion should have been made in the Court below to set aside the default. Blair v. Davis, 9 Ind. R. 236.—Holsinger v. Robinson, 11 id. 439. This was not done.

J. M. Flagg, for the appellants. A. Ellison, for the appellees.

The judgment is affirmed with 10 per cent, damages and costs.

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