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11 Ind. 352

Macy v. Eller

Indiana Supreme Court

Decided December 15, 1858

Indiana Supreme Court · decided 1858-12-15

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

Decided 1858-12-15

Per Curiam.

¶1The errors assigned are—

¶21. Default ought not to have been taken, and judgment rendered, on the same day (the second) of the term on which the defendant was summoned to appear.

¶3The record shows that the default, &c., was on the third day; but it would not have been error on the second day.

¶42. The assessment of damages is wrong.

¶5It appears to have been for the note and interest.

¶63. The Court should have set aside the default on defendant’s motion, &c.

¶7The record does not disclose any motion by the defendant.

¶8These are all the points made.

¶9The judgment is affirmed, with 5 per cent, damages and costs.

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