New Albany & Salem Railroad v. Welsh

Suit by Welsh against the railroad company, for lulling stock on their road. The stock killed, or severely injured, were a steer, heifer and colt, alleged to be of the value of 150 dollars. The injury was done in the fall of 1855; suit instituted January, 1856; and judgment by default in April, 1856, in favor of Welsh, for 105 dollars.

The railroad company appeals. Several errors are assigned; but as that in relation to process must be decisive of the whole case, the others need not be noticed.

There is a process set out in the record at length, dated January 2, 1856, and indorsed thus: “…