Reports of Cases Decided in the Supreme Court of the State of Indiana Volume 1

Reports of Cases Decided in the Supreme Court of the State of Indiana Volume 1

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1885 edition. Excerpt: ...the evidence in the cause, the Court gave final judgment as above stated. The defendant moved for a new trial, failed to obtain it, and appealed to this Court. The note was properly enough admitted in evidence, it not being inconsistent with the allegations in the declaration. The question is as to its sutliciency to authorize the judgment, and we do not regard it a very clear one. In cases where there is conflicting evidence, and a jury, or a Circuit Court acting as such, has decided upon that evidence, the decision must be most palpably wrong to justify this Court in disturbing it; but that principle does not operate here where we are called upon to say whether a single item of evidence establishes a case. ' Had the declaration averred that Andrew A. Louden, by the description of A. A. Louden, made his note, &c., we should not have doubted that, under the issue in this case, the production of a note of that description on the trial, would have made out the plaintifi"s case; so, had a bill of particulars been furnished, particularly describing in like manner, the note sued on, as the bill would have in reality formed a part of the declaration, the same consequences would have followed. No such bill appears to have been furnished in this case, and we cannot say that there was (0) Bee Muirhead Y. Snyder, 4 Ind. 486; Grover v. B-ruov,10 Id. 415. any obligation on the part of the defendant to aid the plaintiff in making out his case by calling for one. Here, then, we have this case. The plaintiff makes the general allegation that Andrew A. Louden undertook to pay him a certain sum of money by a promissory note, &c. Andrew A. Louden pleads that he did not so undertake to pay such sum of money, &c. He does not swear to more

Product details

  • Paperback | 206 pages
  • 189 x 246 x 11mm | 376g
  • United States
  • English
  • black & white illustrations
  • 1236974727
  • 9781236974723