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11 Ind. 346

Holsinger v. Dunham

Indiana Supreme Court

Decided December 15, 1858

Indiana Supreme Court · decided 1858-12-15

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

Decided 1858-12-15

Per Curiam.

¶1Suit on notes. Judgment by default. The writ was signed — "Hugh Hamilton, deputy clerk, for John P. Jones, clerk.” No motion was made to quash the writ.

¶2The return of service is — “ Served by reading. [Signed] William Cummins, sheriff, by J. W. Cummins, deputy.” •

¶3We think the return of service sufficient. It would have been better to have added after the words, “to the defendant.”

¶4It would have been more formal had the deputy clerk signed the name of the clerk first, by him, as deputy, to the writ; but the writ is substantially good.

¶5No motion was made below to set aside the default. See 9 Ind. R. 236.

¶6The judgment is affirmed, with 10 per cent, damages and costs.

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