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10 Ind. 341

Martin v. Smith

Indiana Supreme Court

Decided June 1, 1858

Indiana Supreme Court · decided 1858-06-01

<p>APPEAL from the Delaware Circuit Court.</p>

Cited by 2 later decisions — most recently September 1890

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1858-06-01

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Per Curiam.

¶1This was a bill in chancery to foreclose a mortgage. The suit was commenced in 1851, but the pleadings were not perfected and issues joined until the March term of the Court, 1854. The cause was then submitted to the Court for trial. The Court found for the plaintiffs below, overruled a motion for a new trial, and entered judgment pursuant to the finding.

¶2The appellant complains that the amount found by the *342Court, was mostly for interest improperly allowed on an open and unsettled account between the parties. There was no exception taken to the overruling of the motion for a new trial, and the record does not purport to contain all the evidence. That, in such a case, there is nothing before us to authorize an examination of the matter complained of, is too well settled to require the citation of authorities.

T. J. Sample, for the appellant.W. March, for the appellees.

¶3The judgment is affirmed with 5 per cent, damages and costs.

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