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14 Ind. 604

Sturgis v. Rodman

Indiana Supreme Court

Decided May 15, 1860

Indiana Supreme Court · decided 1860-05-15

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

Cited by 2 later decisions — most recently December 1885

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1860-05-15

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Per Cwriam.

¶1Suit by Rodman against Sturgis and Ellis, to recover money deposited with them by the plaintiff. The defendants were non-residents of the state, and proceedings in attachment were had. Ozias Bowen was summoned as garnishee. Several creditors of Stwgis and Ellis filed their claims under the attachment, and final judgment was rendered against Sturgis and Ellis, and Bowen as garnishee, by default.

¶2Several errors are assigned, but we shall not notice them, as no steps were taken in the Court below to correct them. It has been settled by several decisions that in judgments taken by default, the defendant must make his application to the Court below to correct the error, if any exist, before bringing the case here.

¶3The appeal is dismissed with costs.

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