Shoaf v. Jones

Decided November 15, 1849

Indiana Supreme Court · decided 1849-11-15

Assumpsit upon a promissory note, by Jones, against Shoaf and another. Judgment in favor of Jones for the amount of the note. It appeared by a bill of exceptions, that at the October term, 1846, the parties appeared and the defendants were ruled to plead on or before the third rule day, which was the 11th of January, 1847, and the defendants having failed to do so, they were defaulted upon the rule book on the 12th of Januaiy, 1847.

Decided 1849-11-15

Smith, J.

¶1— “ These proceedings were had under an act to regulate the practice of law in the Allen Circuit Court (Acts of 1844, p. 26), by the fifth section of which, it is provided, that the second Monday in each month shall be a rale-day; and by the sixth section, that in case either party shall fail to comply with any rule on or before the proper rale day, the clerk shall note such failure on the rule book, and judgment shall be thereupon rendered against the party in default, unless the Court, for good cause shown, and an affidavit of merits, shall set such default aside.

¶2“ There was no affidavit of merits filed, in this case, and the judgment appears to have been rendered in conformity with the act regulating the practice in the Court below.”

¶3Judgment affirmed, &c.