Karr v. Board of Commissioners
Indiana Supreme Court
From Montgomery Circuit Court; A. F. White, Special Judge. Suit by tbe Board of Commissioners of the County of Putnam against James P. Karr and others. From a decree for plaintiff, defendants appeal. Transferred from Appellate Court under §1394 Burns 1908, cl. 2, Acts 1901, p. 565, §10.
1Opinion of the CourtGillett, C. J.
1. This suit was brought by the Board of ■ Commissioners of the County óf Putnam, in the year 1906, to obtain an injunction. We observe in the assignment of errors a slight defect in the naming of the partners composing the American Steel Dredge
Works, which was named in the amended complaint as a defendant. The variance comes within the rule of idem sonans, and leaves no doubt as to the intendment. We do not regard the defect as jurisdictional, and shall treat it as waived. Landon v. White (1885), 101 Ind. 249. Thlatter observation also covers a defect in the naming of appellee.
The amended…
2Cases cited21 opinions
- Fletcher v. HolmesIndiana Supreme Court · 1865
- Board of Commissioners v. AllmanIndiana Supreme Court · 1895
- Meranda v. SpurlinIndiana Supreme Court · 1885
- Indianapolis & Cumberland Gravel Road Co. v. State ex rel. FlackIndiana Supreme Court · 1886
- Scott v. RunnerIndiana Supreme Court · 1896
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3Cited by24 opinions
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- Johnson v. HarrisonIndiana Supreme Court · 1912
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