Pierson v. Holman

Pierson sued Holman in assumpsit in the Allen Circuit Court. The declaration was filed in February, 1837. It does not appear that process was served on the defendant; but the record states that at the September term, 1837, the parties appeared by their attorneys. At the March term, 1839, judgment was rendered against the defendant by default, the damages assessed by a jury, and final judgment entered accordingly. At the term next after the judgment, viz. the September term, 1839, the defendant moved the Court to set aside the judgment. The motion was founded on several affidavits, stating…