Miller v. Smith

• Decision Date: 28 May 1861
• Citation: 16 Ind. 82
• Parties: Miller and Another v. Smith
• Court: Indiana Supreme Court

16 Ind. 82

Miller and Another v. Smith

Supreme Court of Indiana

May 28, 1861

APPEAL from the St. Joseph Circuit Court.

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

R. L. Farnsworth, for the appellants.

John F. Miller and W. G. George, for the appellee.

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.