Miller v. Smith

16 Ind. 82, 1861 Ind. LEXIS 21

Opinion

Per Curiam.

This was an action by Smith against Miller and Briggs, upon a delivery bond. The defendants were legally served with process, duly called, and regularly defaulted. Judgment was accordingly rendered against them. But no motion appears to have been made to set aside the default. Hence the errors assigned are not properly examinable on appeal. Hornberger v. The State, 5 Ind. 300; Blair et al. v. Davis, 9 Ind. 236.

The judgment is affirmed, with 3 per cent, damages and costs.