Kirby v. Robbins

Indiana Supreme Court

Kirby v. Robbins

13 Ind. 470

CourtIndiana Supreme Court

DecidedNovember 15, 1859

StatusPublished

Cited by1 cases

This text of 13 Ind. 470 (Kirby v. Robbins) 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

Kirby v. Robbins, 13 Ind. 470 (Ind. 1859).

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Opinion

Per Curiam.

In this case, there was a judgment by default against the appellant, who was the defendant, in the Common Pleas. But the record fails to show that, prior to the taking of the appeal, there was a motion in that pourt to set aside the default. Hence, the cause is not properly before us.

We have repeatedly decided that “where a judgment is taken by default, a motion to set aside the default must precede an appeal to this Pourt.” Blair v. Davis, 9 Ind. R. 236.—Harlem v. Edwards, and other cases, at the present term

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Per Curiam.

In this case, there was a judgment by default against the appellant, who was the defendant, in the Common Pleas. But the record fails to show that, prior to the taking of the appeal, there was a motion in that pourt to set aside the default. Hence, the cause is not properly before us.

We have repeatedly decided that “where a judgment is taken by default, a motion to set aside the default must precede an appeal to this Pourt.” Blair v. Davis, 9 Ind. R. 236.—Harlem v. Edwards, and other cases, at the present term

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Bluebook (online)

13 Ind. 470, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kirby-v-robbins-ind-1859.

Opinion

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