Brewington v. Lowe
Indiana Supreme Court
ERROR, to the Dearborn Circuit Court. Mr. O. H. Smith, on behalf of Ohio county, and as amicus curicB, suggested to the Court that this was a fictitious suit. Pie insisted, therefore, that it was due to the Court for its own protection, and to those to be harassed by the proceedings, that the writ of error should be dismissed. He offered to prove the truth of the suggestion, and referred to the following authorities: Cowp. R. 37, 729.— 1 T. R. 56. — 4 Johns.
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ERROR, to the Dearborn Circuit Court. Mr. O. H. Smith, on behalf of Ohio county, and as amicus curicB, suggested to the Court that this was a fictitious suit. Pie insisted, therefore, that it was due to the Court for its own protection, and to those to be harassed by the proceedings, that the writ of error should be dismissed. He offered to prove the truth of the suggestion, and referred to the following authorities: Cowp. R. 37, 729.— 1 T. R. 56. — 4 Johns. R. 434. — Wright’s R. 91.
1Opinion of the Court
Smith, J. —
The record in this case purports to contain the proceedings in an action of trespass quare clausum fregit, instituted in the Dearborn Circuit Court by Joshua Brewington against George P. Lowe. The declaration contains five counts, the locus in quo specified in each count being different. The defendant pleads in abatement to the jurisdiction of the Court, that the said several closes, in the first, second, and third counts mentioned, are situate within the county of Ohio, and that the closes in the fourth and fifth counts mentioned are within the county of Ripley. The replications…
Also in this document: Per curiam.
2Cases cited1 opinion
- Hoover v. HannaIndiana Supreme Court · 1832
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- Ware v. WatermanIndiana Court of Appeals · 1969
- Haley v. Eureka County BankNevada Supreme Court · 1891
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