Monroe v. Paddock

Bicknell, C. C.

The appellants were the makers of two promissory notes, payable to the order of Gallup & Peabody, and to secure the payment thereof they mortgaged land to Paddock, as trustee. The notes being due and unpaid, Paddock, as trustee, brought suit upon them and the mortgage, and obtained a judgment, from which this appeal was taken. The appellants assign four errors, to wit:

“First. The court erred in defaulting the defendants on the return day of the summons, the fourth day of the term, at the morning call of the docket.

“Second. The court erred in permitting the defendants to be…