Adams v. Brown

Indiana Supreme Court

Adams v. Brown

12 Ind. 558

DecidedJune 23, 1859

StatusPublished

This text of 12 Ind. 558 (Adams v. Brown) is published on Counsel Stack Legal Research, covering Indiana Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Adams v. Brown, 12 Ind. 558 (Ind. 1859).

Pincite

Opinion

Per Curiam.

Judgment by default.

The only error complained of is, as to the sufficiency of the service. The writ was returned “served by reading” as to two of the defendants, and “by copy,” as to the other. If there was any defect as to the service or return, a motion should have been made in the Court below to set aside the default. Blair v. Davis, 9 Ind. R. 236.—Holsinger v. Robinson, 11 id. 439. This was not done.

J. M. Flagg, for the appellants. A. Ellison, for the appellees.

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

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Per Curiam.

Judgment by default.

The only error complained of is, as to the sufficiency of the service. The writ was returned “served by reading” as to two of the defendants, and “by copy,” as to the other. If there was any defect as to the service or return, a motion should have been made in the Court below to set aside the default. Blair v. Davis, 9 Ind. R. 236.—Holsinger v. Robinson, 11 id. 439. This was not done.

J. M. Flagg, for the appellants. A. Ellison, for the appellees.

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

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Bluebook (online)

12 Ind. 558, Counsel Stack Legal Research, https://law.counselstack.com/opinion/adams-v-brown-ind-1859.