Miller v. Smith

Indiana Supreme Court

Miller v. Smith

16 Ind. 82, 1861 Ind. LEXIS 21

DecidedMay 28, 1861

StatusPublished

This text of 16 Ind. 82 (Miller v. Smith) 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

Miller v. Smith, 16 Ind. 82, 1861 Ind. LEXIS 21 (Ind. 1861).

Pincite

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.

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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.

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Bluebook (online)

16 Ind. 82, 1861 Ind. LEXIS 21, Counsel Stack Legal Research, https://law.counselstack.com/opinion/miller-v-smith-ind-1861.

Opinion

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