
    Carson v. Earlywine.
    APPEAL from the Shelby Court of Common Pleas.
    
      J. Harrison and W. J. Peaslee, for the appellant.
    
      Saturday, June 19.
    
   Per Curiam.

This was a suit upon an award. There was no answer to the complaint filed. The case was submitted to the Court for trial without a jury, and was, so far as appears by the record, a trial without an issue. This was erroneous, according to Dart v. Lowe et al., 5 Ind. R. 131.

The judgment is reversed with costs. Cause remanded with leave to defendant to file an answer.  