Kegg v. Welden

10 Ind. 550

• Court: Indiana Supreme Court
• Decided: June 25, 1858
• Status: Published

Opinion

Hanna, J.

This was a proceeding to set aside a deed as fraudulent, &c.

The deed was made by Kegg to James and Emanuel Graham.

There was a return of not found as to James Graham, and an order made by the Court that publication be made, &c.

There appears to have been a general demurrer filed by the defendants, which was not, so far as the record shows, disposed of in any way.

The defendants were called, and a decree or judgment . rendered as upon a default, without service on, or notice to, James Graham being shown by the record.

It is insisted,that the Court had no jurisdiction of the person of said James. This is a mistake. There was full appearance made when the demurrer was filed; but entering a judgment without having first disposed of the demurrer was erroneous.

Per Curiam. — The judgment is reversed, with costs. Cause remanded, &c.