Durbin v. Conner

Indiana Supreme Court

Durbin v. Conner

16 Ind. 163, 1861 Ind. LEXIS 60

Indiana Supreme Court·Decided May 30, 1861·Published

Opinion

Per Curiam.

This was an action by Conner against Durbin, to foreclose a mortgage upon real estate. The defendant, though duly served with process, failed to appear, and was regularly defaulted; but no motion appears to have [164] been made, in the Court below, to set aside tbe default. This appeal is, therefore, not properly before us. 9 Ind. 236; 12 id. 558; 11 id. 439; 13 id. 430.

Ben. F. Davis, for the appellant.

The aPPea^- dismissed, with costs, &C.

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Per Curiam.

This was an action by Conner against Durbin, to foreclose a mortgage upon real estate. The defendant, though duly served with process, failed to appear, and was regularly defaulted; but no motion appears to have [164] been made, in the Court below, to set aside tbe default. This appeal is, therefore, not properly before us. 9 Ind. 236; 12 id. 558; 11 id. 439; 13 id. 430.

Ben. F. Davis, for the appellant.

The aPPea^- dismissed, with costs, &C.

Durbin v. Conner, 16 Ind. 163, 1861 Ind. LEXIS 60 (Ind. 1861).

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Opinion

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