Legal Opinion

Unger v. McManus

Indiana Court of Appeals

Decided March 11, 1921No. 10,730PublishedCited by 3 opinions

From Morgan Circuit Court; Alfred M. Bain, Judge. Action by Katherine E. McManus, executrix, and others against Hyman Unger. From a judgment for plaintiff, the. defendant appeals.

1Opinion of the CourtNichols, J.

The only substantial question presented in this appeal is one involving the principle of res adjudicata, which is presented by error assigned on the court’s action in overruling appellant’s demurrer to appellee’s reply, and in overruling appellant’s motion for a new trial.

While the record and the briefs are somewhat voluminous, the facts upon which the question arises, concisely stated, are as follows:

Appellee, executrix, hereinafter mentioned as appellee, sued appellant on the last eleven of a series of thirty notes, each in the sum of $50, dated July 31, 1918, payable one each successive…

2Cases cited2 opinions

  1. Griffin v. WallaceIndiana Supreme Court · 1879
  2. Paul v. BarnbrookIndiana Court of Appeals · 1914

3Cited by3 opinions

  1. Fairwood Bluffs Conservancy District v. ImelIndiana Court of Appeals · 1970
  2. Castor v. Gary Lumber Co.Indiana Supreme Court · 1942
  3. Pickerill v. Home Realty Co.Indiana Court of Appeals · 1922

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