Reports of Cases Decided in the Supreme Court of the State of Indiana Volume 36

Reports of Cases Decided in the Supreme Court of the State of Indiana Volume 36

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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. 1892 edition. Excerpt: ...answers to the interrogatories, but the answers were not signed by the jury or the foreman, and the jury were discharged without objection. Afterward, the defendant moved for a 2/enire de 7207/0, because the jury had not signed the answers to interrogatories, but the motion was properly overruled. The defendant should have objected to the discharge of the jury until the answers were signed, and failing to do so, he cannot object that answers were not returned to the interrogatories. He should have insisted that the jury be required to return answers properly signed before being discharged. Nmfile v. Enos, 19 Ind. 72; M'cE!fres/z v. Guard, 32 Ind. 408.. The answers to the interrogatories, notbeing signed, were no part of the verdict; hence, a motion for judgment for the defendant thereon, notwithstanding the general verdict, was properly overruled. The only remaining question to be considered is, whether the verdict is sustained by the evidence, and we are of opinion that it is thus sustained. It must be borne in mind that the note imports a consideration, and the onus lay upon the defendant to show that there was none. It is not clear that the evidence even preponderated in favor of the defendant. The judgment below is affirmed, with costs. Y. T. Dye and A. C. Harri, for appellant. A. G. Porfer, B. Harrison, and C. C. Hines, for appellee. P1.rcAmN: .---S/zam An.rw: r: .--Im'err0gaIorie: .--The court cannot examine the answers to interrogatories to determine whether an answer is a sham pleading or not. CONTRACT FOR BU!LDING.--Malerial-1lfl'n.--Vhere A. contracted for the building of a house and its delivery to him free from all liens of material-men, and took a bond to that effect from B., with sureties, and B., after partly...show more

Product details

  • Paperback | 208 pages
  • 189 x 246 x 11mm | 381g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236951409
  • 9781236951403