Deffenbaugh v. Foster

This was an appeal from a precept issued by the common council of the city of Kokomo against the appellee, in favor of one Davis, the contractor, for street improvement in front of appellee’s property.

Davis was the bidder and contractor for the work, and gave the bond; he made the affidavit for the precept, and it issued in his name against Foster, a property holder. In the common pleas court the case was docketed, “ 'Foster v. Deffenbaugh." On the second day of the term Deffenbaugh had Foster defaulted, and took judgment in his favor for the amount of the precept against Foster, and an order…