Kirby v. Robbins
Indiana Supreme Court
Kirby v. Robbins, 13 Ind. 470 (Ind. 1859)
Kirby v. Robbins
Opinion of the Court
In this case, there was a judgment by default against the appellant, who was the defendant, in the Common Pleas. But the record fails to show that, prior to the taking of the appeal, there was a motion in that pourt to set aside the default. Hence, the cause is not properly before us.
We have repeatedly decided that “where a judgment is taken by default, a motion to set aside the default must precede an appeal to this Pourt.” Blair v. Davis, 9 Ind. R. 236.—Harlem v. Edwards, and other cases, at the present term
The appeal is dismissed -with costs.
Ante, 430.
Reference
- Full Case Name
- Kirby v. Robbins, Assignee
- Cited By
- 1 case
- Status
- Published