Finch v. McClellan
Indiana Court of Appeals
From St. Joseph Circuit Court; Walter A. Funk, Judge. Action by Charles McClellan against Samuel N. Finch and another, as partners, wherein the named defendant died before trial and Ira A. Finch, administrator of his estate, was substituted as a party defendant. From a judgment for plaintiff, the defendants appeal.
1Opinion of the CourtMcMahan, J.
This action was commenced by appellee against Samuel N. Finch and Alfred Finch, as partners. Samuel Finch died before trial, and the court ordered that Ira A. Finch, administrator of his estate, be substituted and made a party defendant. Without any amendment being made to the complaint or any supplemental complaint being filed, alleging the death of Samuel N. Finch and the appointment of an administrator of his estate, Ira A. Finch, as administrator, appeared and was ruled to file an answer to the complaint. This rule was discharged by filing a demurrer to the complaint for want of facts,…
2Cases cited14 opinions
- Hauk v. StateIndiana Supreme Court · 1897
- Taylor v. DuesterbergIndiana Supreme Court · 1887
- Vulcan Iron Works Co. v. Electro Magnetic Gold Mining Co.Indiana Supreme Court · 1912
- Holland v. HollandIndiana Supreme Court · 1892
- Crary v. KurtzSupreme Court of Iowa · 1906
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3Cited by19 opinions
- Rotterman v. General Mills, Inc.Supreme Court of Iowa · 1953
- McDonald's Chevrolet, Inc. v. JohnsonIndiana Court of Appeals · 1978
- Burke v. Boulder Milling & Elevator Co.Supreme Court of Colorado · 1925
- Hooper v. PreussIndiana Court of Appeals · 1941
- Spencer v. GloverIndiana Court of Appeals · 1980
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