Reports of Cases Decided in the Supreme Court of the State of Indiana Volume 146

Reports of Cases Decided in the Supreme Court of the State of Indiana Volume 146

By (author) 

List price: US$22.40

Currently unavailable

Add to wishlist

AbeBooks may have this title (opens in new window).

Try AbeBooks

Description

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. 1897 edition. Excerpt: ...319. The appellants in this cause, it will be seen, all unite in the assignment which We have set out. It is true the word "severally" is used after the Word "appellants," but this, vve think, must be held to apply to the several specifications of error, which in their nature are said to be closely analogous to the paragraphs of a complaint or answer. Elliott's App. Proced., section 309. It cannot be held to have an application both to the appellants and specifications. In Carver V. Carver, 97 Ind. 497, it was held that a demurrer reading as follows: "The defendants separately and severally demur to the first and second paragraphs of the plaintifi's complaint, and for cause of demurrer say that neither of said paragraphs states facts sufficient to constitute a cause of action against them," was joint as to the parties demurring. The court said: "This demurrer, we think, is separate as to each paragraph of the complaint, but clearly joint as to the parties. The words 'separately and severally' cannot be applied both to the separate paragraphs and also to the defendants; We think they apply only to the separate paragraphs." In Armstrong v. Dunn, supra, it was held that a demurrer reciting that the defendants "demurs jointly, as well as separately and severally, to the first, second and third paragraphs of the complaint, and to each of them separately, and for cause says that neither of said paragraphs state facts sufficient to constitute a cause of action," was separate as to the paragraphs, but joint as to the parties. The same rule is asserted in Awtel v. Chase, 83 Ind. 546; Hanover, etc., Tp. v. Gant, 125 Ind. 557. Appellants cannot in this manner...show more

Product details

  • Paperback | 242 pages
  • 189 x 246 x 13mm | 440g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 123697588X
  • 9781236975881