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11 Ind. 439

Holsinger v. Robinson

Indiana Supreme Court

Decided January 5, 1859

Indiana Supreme Court · decided 1859-01-05

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

Decided 1859-01-05

Per Curiam.

¶1Suit by the appellee against the appellant on two notes, and judgment by default.

¶2Process appears to have been duly served on the defendant, and the proceedings appear to have been regular. We see no error whatever in the case; but if there had been, it *440has already been decided by this Court that a motion to set aside the default should have preceded an appeal to this Court, in order to present for the decision of this Court any question arising on the record. Blair v. Davis, 9 Ind. R. 236.

J. M. Flagg, for the appellant.

¶3The judgment is affirmed, with 10 per cent, damages and costs.

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