Martin v. Harrison

Action by the appellees against the appellant, on a promissory note, commenced in the superior court of Marion county. After the issues were formed, there was a change of venue to Hendricks county.

The defendant failed to appear at the trial, and there was a trial of the issues by the court, without a jury, and finding and judgment for the plaintiffs, on the eighth day of the May term of the court, in the year 1874. On the eighteenth day of the same term of the court, the defendant moved the court for a new trial for the following, among other causes:

“ 4. Because of the misconduct of the…