Hays v. M'Kee
Indiana Supreme Court
ERROR to the Franklin Circuit Court.—Trespass by M'Kec against Hays,and several others, for breaking into his close and taking away his goods. Plea of justification. Replication in denial, concluding to the countiy. No similiter. Verdict of guilty against Hays—damages 149 dollars and 20 cents; and of not guilty as to the others. Judgment against Hays agreeably to the verdict.
1Opinion of the CourtScott, J.
The plaintiff in error alleges that, prior to the trial,be wasnot served with process, norhad he appeared to the action. It is stated in the record, that at the October term in the year 1821, the parties came by their attorneys, and the defendants were' ruled to plead; and that on the following day several defendants, of whom the plaintiff in error was one, filed their pleas pursuant to the rule of Court. By this statement it would seem that he was present in Court, either in his proper person or by his attorney, and pleaded to the action; by which he waived any advantage which he might have…
2Cases cited1 opinion
- Nadenbush v. LaneCourt of Appeals of Virginia · 1826
3Cited by3 opinions
- Miles v. BuchananIndiana Supreme Court · 1871
- Newlin's EstateSupreme Court of Pennsylvania · 1904
- Waters v. SimpsonIllinois Supreme Court · 1845