George Shiras, Jr.

“ The only matter for our consideration is whether the supreme court of the territory erred in affirming the judgment of the trial court denying the defendant's motion o vacate the judgment entered in default of an appearance. ”

“ Whittibank, 12 Ind. 444, was a suit on a promissory note, and to which the defendant appeared. He then withdrew his appearance, and the case went to trial, and resulted in a judgment in favor of the plaintiff. On error, the supreme court of Indiana held that the withdrawal of appearance carried with it the answer, and the court should then have entered judgment as by default, instead of going to trial, but that this was a mere irregularity, which could not injure the defendant, and could not be taken advantage of on appeal. ”