18 Ind. 373
Decided May 15, 1862
Indiana Supreme Court · decided 1862-05-15
<p>An affidavit, which is the basis of a motion to set aside a default-judgment, which motion is overruled, is not properly in the record on appeal to this Court unless it be embodied in a proper bill of exceptions.</p>
Cited by 2 later decisions — most recently May 1874
2 state decisions
Relies on Round v. State ex rel. Riley
Good law ✅— No negative treatment on recordhow we know
Decided 1862-05-15
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¶1Judgment by default. Motion to set aside-default for reasons, and affidavit filed. The motion was overruled, but no bill of exceptions appears in the record. Said affidavit is not, therefore, a part of the record, so as to enable us to determine as to its sufficiency. Bound v. The State, 14 Ind. 494.
¶2The judgment is affirmed, with costs.