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15 Ind. 456

Kortepeter v. Wright

Indiana Supreme Court

Decided January 26, 1860

Indiana Supreme Court · decided 1860-01-26

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

Relies on Womack v. Mcahren

Decided 1860-01-26

Per Curiam.

¶1gnit by Wright and others against Kortepeter, on a promissory note. Judgment by default.

¶2Two points are made for the reversal of the judgment: First, that process was not served in time; Second, that the judgment was for too much.

¶3The process was served on the 15th of October, 1858, and the term of the Court, at which judgment was rendered, commenced on the 25th of the same month. This was in time, as has been repeatedly decided. Womack v. McAhren, 9 Ind. 6; Blair v. Manson, id. 357.

¶4The judgment is for no more than appeared to be due upon the note.

¶5The judgment below is affirmed, with costs and 10 per cent, damages.

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