Burkhart v. Merry

Bicknell, C. C.

— This was a suit by the appellee against the appellants upon two notes and a mortgage. The appellant Regina failed to appear, and was defaulted. The appellant William H. answered, claiming credits and averring payment. The appellee replied in denial. Afterwards William H. withdrew his appearance. The damages were assessed by a jury and judgment of foreclosure was rendered against both ■defendants, with a personal judgment against William H.

The appellants assign several errors, but discuss in their brief only two of them, viz.:

1. Thecourterredinoverrulingthemotion for a…