Cruse v. Cunningham

Bicknell, C. C.

— This was an action to recover the possession of the northwest half of donation lot, No. 158, in township three north, of range eight west, in the county of Daviess. There was a judgment by default against the defendant Cunningham, which was set aside by the court. One of the errors assigned in this appeal is the action of the court in that respect. The affidavit, upon which the default Avas set aside, showed that said defendant lived in Morgan county, eighty miles from the place where the court Avas held; that the default was taken on the third day of the term; that on that…