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13 Ind. 470

Kirby v. Robbins

Indiana Supreme Court

Decided November 15, 1859

Indiana Supreme Court · decided 1859-11-15

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

Cited by 1 later decisions — most recently May 1872

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1859-11-15

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Per Curiam.

¶1In this case, there was a judgment by default against the appellant, who was the defendant, in the Common Pleas. But the record fails to show that, prior to the taking of the appeal, there was a motion in that pourt to set aside the default. Hence, the cause is not properly before us.

¶2We have repeatedly decided that “where a judgment is taken by default, a motion to set aside the default must precede an appeal to this Pourt.” Blair v. Davis, 9 Ind. R. 236.—Harlem v. Edwards, and other cases, at the present term (1).

J. Gavin and O. B. Hord, for the appellant.J. L. Ketcham, and I Coffin, for the appellee.

¶3The appeal is dismissed -with costs.

¶4Ante, 430.

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