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19 Ind. 67

Lawshe v. McClain

Indiana Supreme Court

Decided November 15, 1862

Indiana Supreme Court · decided 1862-11-15

<p>Where a judgment is rendered after a default, a motion to set aside the default should precede an appeal to this Court.</p>

Relies on Blair v. Davis

Decided 1862-11-15

Per Curiam.

¶1This was an action by McClain against 'Lawshe, to foreclose a mortgage. The record shows that the defendant was duly served with process, was called, had failed to appear, and was regularly defaulted, and that judgment, by default, had been regularly entered against him. But no motion appears to have been made, in the lower Court, to set aside the default. Hence the case, on appeal, is not properly in this Court. Blair v. Davis, 9 Ind. 236.

¶2The appeal is dismissed, with costs.

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