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16 Ind. 82

Miller v. Smith

Indiana Supreme Court

Decided May 28, 1861

Indiana Supreme Court · decided 1861-05-28

<p>APPEAL from the St. Joseph Circuit Court.</p>

Relies on Blair v. Davis · Hornberger v. State

Decided 1861-05-28

Per Curiam.

¶1This was an action by Smith against Miller and Briggs, upon a delivery bond. The defendants were legally served with process, duly called, and regularly defaulted. Judgment was accordingly rendered against them. But no motion appears to have been made to set aside the default. Hence the errors assigned are not properly examinable on appeal. Hornberger v. The State, 5 Ind. 300; Blair et al. v. Davis, 9 Ind. 236.

¶2The judgment is affirmed, with 3 per cent, damages and costs.

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