Lawshe v. McClain

Indiana Supreme Court

Lawshe v. McClain

19 Ind. 67

DecidedNovember 15, 1862

StatusPublished

This text of 19 Ind. 67 (Lawshe v. McClain) 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

Lawshe v. McClain, 19 Ind. 67 (Ind. 1862).

Pincite

Opinion

Per Curiam.

This was an action by McClain against 'Lawshe, to foreclose a mortgage. The record shows that the defendant was duly served with process, was called, had failed to appear, and was regularly defaulted, and that judgment, by default, had been regularly entered against him. But no motion appears to have been made, in the lower Court, to set aside the default. Hence the case, on appeal, is not properly in this Court. Blair v. Davis, 9 Ind. 236.

The appeal is dismissed, with costs.

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Per Curiam.

This was an action by McClain against 'Lawshe, to foreclose a mortgage. The record shows that the defendant was duly served with process, was called, had failed to appear, and was regularly defaulted, and that judgment, by default, had been regularly entered against him. But no motion appears to have been made, in the lower Court, to set aside the default. Hence the case, on appeal, is not properly in this Court. Blair v. Davis, 9 Ind. 236.

The appeal is dismissed, with costs.

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Bluebook (online)

19 Ind. 67, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lawshe-v-mcclain-ind-1862.

Opinion

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