
    Baxter v. Kenyon.
    
      Appeal from Hamilton District Court
    
    
      Thursday, January 28.
    Action to recover money paid hy plaintiff to defendant for a patent right. The suit was commenced by attachment, and real estate of the defendant attached under the writ. Personal service was made on the defendant in Michigan, he being a non-resident of this State. There was an appearance hy attorney; answer filed traversing petition; jury trial; verdict and judgment for plaintiff. The defendant appeals.
    
      Chas. A. Cla/rh for appellant — B. B. Miracle and Bradley <& Caswell for appellee.
   Cole, J.

The question as to the right of the District Court to render a pesonal judgment against defendant, with service out of the State and appearance hy attorney, as shown in the statement, was very ably discussed before us hy the appellant’s counsel. But the transcript fails to show any exception whatever to any instruction, order, judgment or proceeding in the case, and this point is made hy appellee’s counsel. In the absence of any exception, no question is presented for our decision. This has been frequently held hy this court.

Affirmed.  