Entsminger v. Jackson
Indiana Supreme Court
Appeal from Grant Circuit Court. cited, Graham v. Crockett, 18 Ind. 119, as to demand in replevin; and also Douch v. Rahner, 61 Ind. 64, on same point; Mason v. Weston, 29 Ind. 561; Potter v. Earnest, 45 Ind. 416; McCarnanv. Cochran, 57 Ind. 166, 169, 170, that a reference is not an averment.
1Opinion of the Court
Opinion of the court by
Mr. Justice Howk.
This was a suit by the appellees against the appellants to recover the possession of three thousand feet of walnut lumber, alleged, inter alia, to be of the value of $135. On the trial of the cause the appellees recovered judgment, from which judgment this appeal is prosecuted by the defendants below.
In this court the only error assigned by the appellants is the decision of the Circuit Court in overruling their demurrer, for the want of sufficient facts, to the second paragraph of the appellees’ complaint.
In said second paragraph of complaint the…
2Cases cited7 opinions
- Smith v. LittleIndiana Supreme Court · 1879
- McCarnan v. CochranIndiana Supreme Court · 1877
- Ridenour v. BeekmanIndiana Supreme Court · 1879
- Field v. BurtonIndiana Supreme Court · 1880
- Kramer v. MatthewsIndiana Supreme Court · 1879
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