Gleason v. McGinnis
Indiana Court of Appeals
From Jasper Circuit Court; S. P. Thompson, Judge. Action by David D. Gleason against Samuel McGinnis for money loaned and for work and labor. From a judgment for defendant, plaintiff’ appeals.
1Opinion of the CourtRobinson, J.
Appellant’s first paragraph of complaint seeks to recover money loaned; and the second paragraph for work and labor. A demurrer to the several paragraphs of answer was overruled, but as no exception was reserved no question is presented upon the ruling.
Error is assigned that the answer and the several paragraphs thereof do not state sufficient facts to constitute a defense. But the sufficiency of an answer can not be questioned for the first time on appeal. Chicago, etc., R. Co. v. Modesitt, 124 Ind. 212; Miller v. McDonald, 139 Ind. 465; Moreland v. Thorn, 143 Ind. 211; Austin v. McMains, 14…
2Cases cited4 opinions
- Chicago & Eastern Illinois Railroad v. ModesittIndiana Supreme Court · 1890
- Austin v. McMainsIndiana Court of Appeals · 1896
- Miller v. McDonaldIndiana Supreme Court · 1894
- Moreland v. ThornIndiana Supreme Court · 1896
3Cited by2 opinions
- Indiana Union Traction Co. v. ScribnerIndiana Court of Appeals · 1911
- Indiana Natural Gas & Oil Co. v. WilhelmIndiana Court of Appeals · 1908