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10 Ind. 423

Carson v. Earlywine

Indiana Supreme Court

Decided June 19, 1858

Indiana Supreme Court · decided 1858-06-19

<p>APPEAL from the Shelby Court of Common Pleas.</p>

Decided 1858-06-19

Per Curiam.

¶1This was a suit upon an award. There was no answer to the complaint filed. The case was submitted to the Court for trial without a jury, and was, so far as appears by the record, a trial without an issue. This was erroneous, according to Dart v. Lowe et al., 5 Ind. R. 131.

¶2The judgment is reversed with costs. Cause remanded with leave to defendant to file an answer.

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