Reports of Cases Decided in the Supreme Court of the State of Indiana Volume 30

Reports of Cases Decided in the Supreme Court of the State of Indiana Volume 30

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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. 1869 edition. Excerpt: ...Z. should be settled, whether the husband settled anything or not." So in the case under consideration, it is equally clear that the wish of the testator that the two hundred dollars should go to the grandson on his coming of age was consistent with the wish that it should be added to such sums as the Father might elect to advance to his son. The court below committed no error in overruling the demurrer to the complaint. The appellee was not a competent witness unless called by the adverse party, or the court trying the case. See Malady v. McEnar_2/, 30 Ind. 273. It is argued that this was a harmless error; that other witnesses testified to the same facts. The evidence was material, and we cannot say what weight was given to it in the court below. The appellee, by offering himself as a witness on his own behalf, treated the testimony as mate rial. For this error a new trial ought to have been awarded. The judgment is reversed, with costs, and the cause remanded, with directions to grant a new trial, and for further proceedings. W. H. Mallory, for appellant. J. Ristine, for appellee. Pnomssonv Nora.-Joint and Several.---A promissory note commencing, "I agree to pay," &c., and signed by two, is joint and several, and the holder may at his election sue one or both of the makers. Pxu.c'r1cn.--Parties.--Joinder of.--Under the code, in a joint action against two, as makers of a joint and several promissory note, both of whom have been duly served with process, the plaintifi', having by leave of court dismissed as to one, may proceed to judgment against the other; and such judgment, remaining in force against the latter, is no bar to a subsequent suit on the note against the more

Product details

  • Paperback | 212 pages
  • 189 x 246 x 11mm | 386g
  • United States
  • English
  • black & white illustrations
  • 1236764145
  • 9781236764140