Legal Opinion

Frankel v. Garrard

Indiana Supreme Court

Decided March 11, 1903No. 20,009PublishedCited by 16 opinions

From Delaware Circuit Court; J. M. Smith, Special Judge. Suit by William L. Garrard and another against Jacob Frankel. From a judgment for plaintiffs, defendant appeals. Transferred from Appellate Court, under §1337u Burns 1901.

1Opinion of the CourtDowling, J.

Suit by the appellees, Garrard and Ault, in the Delaware Circuit Court, to enjoin the collection of a judgment rendered by a justice of the peace in favor of one Smith, and against the appellee Ault. The action was originally brought by Garrard alone, but subsequently, with the leave of the court, Ault was joined as a plaintiff. A motion was made by the appellant to strike the name of Ault from the complaint, for the reason that he was “made a party plaintiff without a proper showing, and without any order of court.” A demurrer to the complaint stated as grounds therefor: (1) The want of…

2Cases cited31 opinions

  1. Earle v. EarleIndiana Supreme Court · 1883
  2. Potter v. SmithIndiana Supreme Court · 1871
  3. Home Insurance v. GilmanIndiana Supreme Court · 1887
  4. Nealis v. DicksIndiana Supreme Court · 1880
  5. Scherer v. IngermanIndiana Supreme Court · 1887

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3Cited by16 opinions

  1. Glansman v. LedbetterIndiana Supreme Court · 1921
  2. Alsmeier v. AdamsIndiana Court of Appeals · 1914
  3. Knepper v. EggimanIndiana Supreme Court · 1912
  4. Miedreich v. LauensteinIndiana Supreme Court · 1909
  5. Grover v. MarottIndiana Supreme Court · 1922

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

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