Johnson v. Ikerd

48 Ind. 380

Opinion

Buskirk, C. J.

This was an action by the appellee against the appellants, upon two promissory notes. There was judgment for the appellee, upon the default of the appellants. There was no application in the court below to set aside the default, and consequently no question is presented for decision. Fish v. Baher, 47 Ind. 534. The judgment must be affirmed. The supersedefis having been set aside upon the motion of appellee, no damages can be assessed.

The judgment is affirmed, with costs.