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12 Ind. 558

Adams v. Brown

Indiana Supreme Court

Decided June 23, 1859

Indiana Supreme Court · decided 1859-06-23

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

Decided 1859-06-23

Per Curiam.

¶1Judgment by default.

¶2The only error complained of is, as to the sufficiency of the service. The writ was returned “served by reading” as to two of the defendants, and “by copy,” as to the other. If there was any defect as to the service or return, a motion should have been made in the Court below to set aside the default. Blair v. Davis, 9 Ind. R. 236.—Holsinger v. Robinson, 11 id. 439. This was not done.

J. M. Flagg, for the appellants.A. Ellison, for the appellees.

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

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