Mississinewa Mining Co. v. Patton
Indiana Supreme Court
From the Grant Circuit Court.
1Opinion of the Court
Miller, J. —
The appellee Cora M. Patton brought this *473action against the appellant to recover damages alleged to have been caused by the negligence of the appellant.
In the caption of her complaint the name of her husband appears as a co- plaintiff, but in the body of the complaint no mention is made of him in any manner. The property alleged to have been destroyed is averred to be her property, and no attempt is made to state a joint cause of action. Under the circumstances we must regard the name of the husband in the caption as surplusage, and hold that the complaint is not bad on demurrer…
2Cases cited9 opinions
- Cleveland, Columbus, Cincinnati & Indianapolis Railway Co. v. WynantIndiana Supreme Court · 1885
- Jamieson v. Indiana Natural Gas & Oil Co.Indiana Supreme Court · 1891
- Cincinnati, Hamilton & Dayton R. R. v. ChesterIndiana Supreme Court · 1877
- Berkshire v. ShultzIndiana Supreme Court · 1865
- Town of Rushville v. AdamsIndiana Supreme Court · 1886
4 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- McGill v. Michigan S. S. Co.Court of Appeals for the Ninth Circuit · 1906
- Richmond Gas Co. v. BakerIndiana Supreme Court · 1897
- Alexandria Mining & Exploring Co. v. IrishIndiana Court of Appeals · 1896
- City of Indianapolis Etc. v. WalkerIndiana Court of Appeals · 1960
- Westfield Gas Corporation v. HillIndiana Court of Appeals · 1960
11 more not listed; retrieve them via the Exa API.