Bird v. Stumph

Indiana Supreme Court

Bird v. Stumph

17 Ind. 52, 1861 Ind. LEXIS 293

DecidedNovember 26, 1861

StatusPublished

This text of 17 Ind. 52 (Bird v. Stumph) 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

Bird v. Stumph, 17 Ind. 52, 1861 Ind. LEXIS 293 (Ind. 1861).

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Opinion

Per Curiam.

This was an action by the appellees, who were the plaintiffs, against Bird, upon a promissory note for the payment of §350, payable to one Robert L. Walpole, who assigned it to the plaintiffs. The record shows that Ihe defendant was duly served with process, and having failed to appear, was regularly defaulted, and judgment by default entered against him. But no motion appears to have been made to set aside the default. Hence the errors assigned axe not available in this Court. 9 Ind. 236; 13 id. 430, 453.

The judgment is affirmed, with 5 per cent, damages and costs.

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Per Curiam.

This was an action by the appellees, who were the plaintiffs, against Bird, upon a promissory note for the payment of §350, payable to one Robert L. Walpole, who assigned it to the plaintiffs. The record shows that Ihe defendant was duly served with process, and having failed to appear, was regularly defaulted, and judgment by default entered against him. But no motion appears to have been made to set aside the default. Hence the errors assigned axe not available in this Court. 9 Ind. 236; 13 id. 430, 453.

The judgment is affirmed, with 5 per cent, damages and costs.

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Bluebook (online)

17 Ind. 52, 1861 Ind. LEXIS 293, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bird-v-stumph-ind-1861.

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