Colerick v. Hooper

This was a bill in chancery to enforce the specific performance of an agreement for the sale of a lot in the town of South Bend. A decree for performance was obtained. It is claimed that that decree should'be reversed for the following reasons:

1. The decree was rendered upon default, and the record, as first brought into this Court, did not show notice to the defendants. By certiorari, a new transcript was *317obtained, wherein, by order of the Court below, made after the certiorari was issued, the clerk had copied the writs and returns of services thereon which remained on file in his office,…