Coble v. Eltzroth
Indiana Supreme Court
From the Blackford Circuit Court.
1Opinion of the CourtElliott, J.
— The appellee’s complaint states, as a cause of action, a promise of marriage and a breach of the promise by the appellant. The first paragraph of the answer is a general denial, and the second alleges that the appellee conspired with Aaron Trowbridge to defraud the appellant by setting up a false claim that the latter had promised to marry her, but it also alleges that he never made any such promise. The second paragraph of the answer is clearly bad. It is well settled that a single paragraph of an answer can not confess a cause of action and also deny it. The answer is bad for another…
2Cases cited1 opinion
- Morrison v. StateIndiana Supreme Court · 1881
3Cited by11 opinions
- Bowlus v. Phenix InsuranceIndiana Supreme Court · 1892
- Reed v. StateIndiana Supreme Court · 1895
- Ralya v. E. C. Atkins & Co.Indiana Supreme Court · 1901
- City of Shelbyville v. MORTON, ETC.Indiana Court of Appeals · 1965
- Cromer v. StateIndiana Court of Appeals · 1898
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