Legal Opinion

Hardy v. Donellan

Indiana Supreme Court

Decided July 1, 1870PublishedCited by 6 opinions

APPEAL from an order of the judge of tlie Madison Circuit Court in vacation, granting a temporary injunction against the appellant.

1Opinion of the CourtPettit, C. J.

It is objected that no notice of the ..application was given to appellant. The record and bill of exceptions show that he appeared by himself and attorney, and made no objection for want of such notice. This cured any defect for want of notice. It is claimed that the judge erred in granting the injunction without any other evidence than the complaint and the affidavit of the appellee, both of which were read to the judge on the hearing. There was no error in this, as the appellee was -a competent witness in his own behalf, and might have given oral -evidence or have used his affidavit at his…

2Cases cited2 opinions

  1. Schæffer v. FithianIndiana Supreme Court · 1861
  2. Dean v. PhillipsIndiana Supreme Court · 1861

3Cited by6 opinions

  1. Rees v. Panhandle Eastern Pipe Line Co.Indiana Court of Appeals · 1978
  2. Donellan v. HardyIndiana Supreme Court · 1877
  3. Tuf-Tread Corp. v. KilbornIndiana Supreme Court · 1930
  4. Branch v. WisemanIndiana Supreme Court · 1875
  5. College Corner & Richmond Gravel Road Co. v. MossIndiana Supreme Court · 1881

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