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14 Ind. 423

Johnson v. Atwood

Indiana Supreme Court

Decided June 8, 1860

Indiana Supreme Court · decided 1860-06-08

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

Decided 1860-06-08

Per Curiam.

¶1A bill of exceptions in this case states that the defendants moved the Court to dismiss the cause for want of a sufficient bond for costs, and that the Court overruled the motion.

¶2We suppose it was all right, as neither the bond, nor the defect in it, if it had any, is set out in the bill. The dispute between the Court and counsel seems to have been about a matter of fact, and as we have not been furnished with the evidence, we are unable to deny the correctness of the decision, and, of course, it must stand.

J. F. Parker, for the appellants.J. Benedict, for the appellees.

¶3The judgment is affirmed with 5 per cent, damages and costs.

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