Aston v. Wallace
Indiana Supreme Court
From the Marion Common Pleas.
1Opinion of the CourtOsborn, J.
The appellee, as administrator of the estate of Robert L. Walpole, sued the appellant, to recover for *469professional services rendered by Walpole to the appellant. The appellant appeared and filed an answer of two paragraphs, 1. The general denial.- 2. Set-off. No reply was filed.
When the cause was called for trial, the appellant, failing -.to appear, was defaulted, and the cause was tried by the court, who found for the appellee, and over a motion for a new trial judgment was rendered on the finding.
The causes for a new trial as stated. in the motion are: I. There was a trial without any issue…
2Cases cited1 opinion
- Train v. GridleyIndiana Supreme Court · 1871
3Cited by1 opinion
- Christian & Craft Co. v. ColemanSupreme Court of Alabama · 1899