J. I. Case Threshing Machine Co. v. Millikan
Indiana Court of Appeals
From Hamilton Circuit Court; J. F. Neal, Judge. Action on notes, and to foreclose chattel mortgage, by J. I. Case Threshing Machine Company against Clark Millikan. From a judgment in favor of plaintiff on its complaint, and in favor of defendant on his cross-complaint, plaintiff appeals.
1Opinion of the CourtRobenson, P. J.
Appellant sued on four notes and to foreclose a chattel mortgage. Appellee filed a cross-complaint in two paragraphs, asking, as to him, a cancelation of two of the notes upon which he was surety. There was a finding for appellant on its complaint, and for appellee on his cross-complaint.
Each of the first two errors assigned seeks to question the sufficiency of a separate paragraph of the cross-complaint'. It is well settled that to question the sufficiency of any paragraph of a pleading by an assignment of error, it must he assigned that the pleading as an entirety is insufficient. *687Louisville…
2Cases cited9 opinions
- Adams v. StateIndiana Supreme Court · 1901
- Buchanan v. Logansport, Crawfordsville & Southwestern R. W. Co.Indiana Supreme Court · 1880
- Turner v. CookIndiana Supreme Court · 1871
- Rohrof v. SchulteIndiana Supreme Court · 1899
- Louisville, New Albany & Chicago Railway Co. v. NormanIndiana Court of Appeals · 1897
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