Legal Opinion

Hitz v. Warner

Indiana Court of Appeals

Decided February 14, 1911No. 6,828PublishedCited by 12 opinions

Prom Superior Court of Madison County; Cassius M. Greenlee, Judge. Action by Samuel Warner and another against George Hitz and others. Prom a judgment for plaintiffs, defendants appeal.

1Opinion of the CourtFelt, J.

— Suit for damages for an alleged breach of a warranty in the sale of personal property resulting in judgment in favor of appellees for $219, from which this appeal is taken.

The errors relied upon are (1) the overruling of a demurrer to each paragraph of complaint; (2) insufficiency of the complaint upon the facts alleged; (3) insufficiency of the substituted complaint upon the facts alleged; (4) the overruling of appellants’ motion for a new trial.

The original complaint was in two paragraphs, and was lost after the ruling upon the demurrer, and upon order of the court a substituted complaint…

2Cases cited31 opinions

  1. Illinois Central Railroad v. CheekIndiana Supreme Court · 1899
  2. Higham v. VanosdolIndiana Supreme Court · 1885
  3. Telluride Power Transmission Co. v. Crane Co.Illinois Supreme Court · 1904
  4. Goode v. Elwood Lodge No. 166Indiana Supreme Court · 1903
  5. Shirk v. MitchellIndiana Supreme Court · 1894

26 more not listed; retrieve them via the Exa API.

3Cited by12 opinions

  1. McCarty v. WilliamsIndiana Court of Appeals · 1915
  2. German Fire Insurance v. ZonkerIndiana Court of Appeals · 1915
  3. Davenport Ladder Co. v. Edward Hines Lumber Co.Court of Appeals for the Eighth Circuit · 1930
  4. Teter v. ShultzIndiana Court of Appeals · 1942
  5. Caldwell v. AlleyIndiana Court of Appeals · 1919

7 more not listed; retrieve them via the Exa API.

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