Bensch v. Farnsworth
Indiana Court of Appeals
From the Lake Circuit Court.
1Opinion of the CourtGavin, C. J.
Appellee brought suit in replevin before a justice of the peace.
In his complaint he alleged the value of the property to be $200, and claimed $50 damages in addition, making the entire amount involved, therefore, $250, which was conceded to be in excess of the amount over which a justice has jurisdiction.
Before the trial in the justice’s court, appellee, by leave of court, amended his complaint so as to omit the claim for damages and bring the amount within the justice’s jurisdiction. In this there was no error. It accords with the liberal spirit of our code to permit such an amendment rather…
2Cases cited10 opinions
- Scripps v. ReillyMichigan Supreme Court · 1878
- Shugart v. MilesIndiana Supreme Court · 1890
- Starry v. WinningIndiana Supreme Court · 1855
- Indiana, Bloomington & Western Railway Co. v. AdamsIndiana Supreme Court · 1887
- Kiphart v. BrennemenIndiana Supreme Court · 1865
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3Cited by6 opinions
- Keller v. ReynoldsIndiana Court of Appeals · 1895
- Johnson v. ZimmermanIndiana Court of Appeals · 1908
- People v. BrayCalifornia Court of Appeal · 1919
- Lautman v. PepinIndiana Court of Appeals · 1901
- Seibold v. WelchIndiana Court of Appeals · 1922
1 more not listed; retrieve them via the Exa API.