Cole v. Allen

Action by the appellee against the appellants to foreclose a mortgage, and judgment by default for the plaintiff in rmn only. The question presented arose out of a motion in special term of the superior court to set aside the default and judgment for want of legal summons and proper service thereof, the motion having been overruled in special term and this action affirmed in the general term. The summons, it is stated, was -issued to the sheriff of Marion county, Indiana, and served personally on the defendants, in Boston, in the State of Massachusetts. The record shows that the summons was…