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17 Ind. 347

Achey v. Burk

Indiana Supreme Court

Decided December 10, 1861

Indiana Supreme Court · decided 1861-12-10

<p>APPEAL from the Marion Common Pleas.</p>

Decided 1861-12-10

Per Curiam.

¶1Action by Burle against the. appellants to foreclose a mortgage. Judgment for the plaintiff. The errors assigned are, that no process was served on the defendants, and that the judgment was for too large an amount. We find no brief in the record for the appellants. If none was filed, the cause should have been dismissed by the clerk under the sixty day rule. On the supposition that a brief has been filed and misplaced, we have examined the errors assigned.

¶2There is nothing in the first error, as the defendants appeared and answered. There is as little in the second, as it does not *348appear that the judgment was for too much; besides, the judgment was entered by the agreement of the parties.

E. L. Walpole, for the appellants.

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

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