Reports of Cases Decided in the Supreme Court of the State of Indiana Volume 61
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. 1883 edition. Excerpt: ...as a complaint in bastardy, was obviously bad. Considered as a complaint to annul the marriage, it presented a case over which the justicehad no jurisdiction, and, the justice having no jurisdiction, the circuit court acquired none by the appeal from him. Jolly v. Ghering, 40 Ind. 139. Regarding the complaint in whatever light we may, it was_clearly bad on demurrer, and ought to have been so held by the circuit court. Glenn v. The Stale, ex rel., etc., 46 Ind. 368; Guppy v. The State, ex rel., etc., 24 Ind. 389; Bailey v. Boyd, 59 Ind. 292. The judgment is therefore reversed, and the cause remanded, .with instructions to the court below, to sustain the demurrer to the complaint. MOR'1'GAGE.--C'omplai'n1 for Foreclosure.--Defect Cured by Verdicl.----Assignment of Error.--In an action for the foreclosure of a mortgage, the complaint contained a description of the mortgaged premises, and also of the mortgage and the notes secured thereby, but contained no allegation that copies of such instruments had been filed therewith. The defendant appeared to the action, but refused to answer, and failed to except to the judgment rendered against him. Held, on an assignment of error, in the Supreme court, questioning the sufficiency of the complaint, that such copies may have been filed, and that, after verdict and judgment, the complaint is suificient. From the Kosciusko Circuit Court. C. Clemans, for appellants. J. S. Collins and J. W. Adair, for appellee. PERKINS, J.-Suit to foreclose a mortgage. The complaint contained a description of the land mortgaged, and of the mortgage and the notes secured by it. Copies of the mortgage and notes may have been filed with the complaint. We say this, because the copies filed corresponded with the...
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- 13 Sep 2013
- Illustrations, black and white