McQuary v. Cass
This text of 16 Ind. 306 (McQuary v. Cass) 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.
Opinion
Aaron Gass, guardian of Martha J. and Joseph Baldwin, sued Gaily Me Quary and James Me Quary, on a promissory note for the payment of $270 -¶?. The record shows that process was duly served on the defendants, but they failed to appear, were regularly defaulted, and judgment by default accordingly rendered against them. It does not, however, appear that they moved the Court below to set aside the default. It follows, this appeal can not be sustained. 9 Ind. 236; 13 id. 430; id. 453.
The judgment is affirmed, with 3 per cent, damages and costs.
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Cite This Page — Counsel Stack
16 Ind. 306, 1861 Ind. LEXIS 147, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcquary-v-cass-ind-1861.