Legal Opinion

Webster v. Major

Indiana Court of Appeals

Decided May 24, 1904No. 4,443PublishedCited by 6 opinions

From Putnam Circuit Court; P. O. Colliver, Judge. Suit by Ellery C. Webster and another against Sylvanus Major. From a judgment for defendant, plaintiffs appeal.

1Opinion of the CourtWiley, P. J.

Appellants, who were plaintiffs below, sued appellee upon a written contract, casting their complaint in one paragraph. The appellee answered in four paragraphs, to the second, third, and fourth of which a demurrer was overruled. Appellants replied in one paragraph. Trial by jury, and upon the completion of the evidence the appellee interposed a motion that the court instruct the jury to return a verdict in his favor. This motion was sustained. Appellants thereupon moved for a new trial, which motion was overruled. The errors assigned bring in review the overruling of the demurrer to the…

2Cases cited19 opinions

  1. Needham v. WrightIndiana Supreme Court · 1895
  2. Milligan v. PooleIndiana Supreme Court · 1871
  3. Cleveland, Columbus, Cincinnati & Indianapolis Railway Co. v. ClosserIndiana Supreme Court · 1890
  4. Baylies v. FettyplaceMassachusetts Supreme Judicial Court · 1811
  5. Amory v. ReillyIndiana Supreme Court · 1857

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3Cited by6 opinions

  1. Kimberlin v. TempletonIndiana Court of Appeals · 1913
  2. M. Rumely Co. v. MajorIndiana Court of Appeals · 1917
  3. National Surety Co. v. JeanCourt of Appeals for the Sixth Circuit · 1929
  4. Beatty v. McClellanIndiana Court of Appeals · 1951
  5. Beatty v. McClellanIndiana Court of Appeals · 1951

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