Legal Opinion

Caldwell v. Bank of Salem

Indiana Supreme Court

Decided May 15, 1863PublishedCited by 7 opinions

APPEAL'from the Knox Circuit Court.

1Opinion of the CourtPerkins, J.

This cause was before us at the May term, 1861, upon a demurrer to the complaint. The complaint was *295then held sufficient. The Bank of Salem v. Caldwell, 16 Ind. 469.

On the return of the cause to the Court below the defendant answered. The plaintiff demurred to the answer, and the demurrer was sustained. The defendant then, by leave of the Court, filed an amended answer. It has been held that, where this course is pursued, objection is waived to the ruling upon the demurrer. Ham v. Carroll, 17 Ind. 442, and cases cited. This doctrine seems to be reasonable. The amended answer, it may be…

Also in this document: Per curiam.

2Cases cited6 opinions

  1. Crake v. CrakeIndiana Supreme Court · 1862
  2. Thompson v. NortonIndiana Supreme Court · 1860
  3. Scribner v. HolmesIndiana Supreme Court · 1861
  4. Moorman v. BartonIndiana Supreme Court · 1861
  5. Ham v. CarrollIndiana Supreme Court · 1861

1 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. Milligan v. PooleIndiana Supreme Court · 1871
  2. Aiken v. BruenIndiana Supreme Court · 1863
  3. City of Aurora v. CobbIndiana Supreme Court · 1863
  4. Kimberlin v. TempletonIndiana Court of Appeals · 1913
  5. Hosanna v. OdishooIndiana Supreme Court · 1935

2 more not listed; retrieve them via the Exa API.

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