Introducing ATLASLearn more
Legal Opinion

Brake v. Payne

Indiana Supreme Court

Decided April 18, 1894No. 16,667PublishedCited by 16 opinions

From the Clay Circuit Court.

1Opinion of the CourtDailey, J.

This was an action by the appellee against the appellants to enjoin an execution and judgment for fraud in the procurement of the judgment.

*480Seven errors were assigned, all of which present but one and the same question, namely: Does the complaint state facts sufficient to constitute a cause of action?

The complaint is in two paragraphs; but'the demurrer is addressed to the entire complaint, and is a joint demurrer. Hanover School Township v. Gant, 125 Ind. 557.

The demurrer is not well taken if either paragraph is good. Redelsheimer v. Miller, 107 Ind. 485.

Against the sufficiency of the…

2Cases cited22 opinions

  1. Potter v. SmithIndiana Supreme Court · 1871
  2. Nealis v. DicksIndiana Supreme Court · 1880
  3. Scherer v. IngermanIndiana Supreme Court · 1887
  4. Harman v. MooreIndiana Supreme Court · 1887
  5. Nicholson v. NicholsonIndiana Supreme Court · 1888

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

3Cited by16 opinions

  1. Cotterell v. KoonIndiana Supreme Court · 1898
  2. State Ex Rel. Bradshaw v. Probate CourtIndiana Supreme Court · 1947
  3. MacK v. American Fletcher National Bank & Trust Co.Indiana Court of Appeals · 1987
  4. Wienke v. LynchIndiana Court of Appeals · 1980
  5. Price v. MerrymanIndiana Court of Appeals · 1970

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

Showing a preview — retrieve the full document via the Exa API.

View API DocsGet API Key

Powered by the Exa API