William R. Day

“ If, without any fraud, or any act on the part of a party to an action or his attorney, a return is made by a sheriff showing service, regular on its face, without knowledge of the party that there was in fact no service, and no act is done or thing said to mislead the sheriff, is it an imposition or fraud upon the court to present such summons and return and obtain a judgment upon it, and is it a charge of fraud or imposition upon the court to allege that the court was wrongfully imposed upon by such false return, and was thus falsely advised? ”

“ In the opinion of the supreme court upon rehearing, the charge that the service of process was fraudulently procured by the predecessor in title of the defendant in error or her attorneys was held to be foreclosed by the findings of the court below, and the supreme court held that the findings were supported by testimony in the record showing competent evidence to that end. It is urged that upon this writ of error this court should re-examine the conclusions of fact just referred to and the rulings of the supreme court of Indiana in respect thereto. ”

“ If the exercise of judicial power be such 'as the settled maxims of law permit and sanction, and under such safeguards for the protection of individual rights as those maxims prescribe for the class of cases to which the one in question belongs,' there has been no deprivation of due process of law. ”