Moffitt v. Bininger

Indiana Supreme Court

Moffitt v. Bininger

17 Ind. 195, 1861 Ind. LEXIS 346

DecidedDecember 2, 1861

StatusPublished

This text of 17 Ind. 195 (Moffitt v. Bininger) 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.

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Moffitt v. Bininger, 17 Ind. 195, 1861 Ind. LEXIS 346 (Ind. 1861).

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Opinion

Per Curiam.

Suit by the appellees against the appellant on an account. Judgment for the plaintiffs by default, the Court assessing the damages.

It is objected, that process was not served in time. Service was had on February 2, the Court commencing on the [196]*19612th of the same month. This was sufficient. Vide Perk. Prac. 147, et seq., and cases there cited. Again, it is claimed that a jury should have been called to assess the damages. In such/cases, in actions founded on contract, the damages may be assessed by the court, a commissioner, or a jury. Code, § 367.

F. Rand and R. Hall, for ¿he appellant, John L. Ketcham, for the appellees.

There is no error in the record.

The judgment is affirmed, with 5 per cent, damages and costs.

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