Meylin v. Woodford
Indiana Supreme Court
ERROR to the Harrison Circuit Court. — In this case Wood* j.Qrg wag piajntjff below, and Meylin the defendant.
1Opinion of the CourtBlackford, J.
Assumpsit. Pleas, non-assumpsit and payment. Issue on the first plea, and a demurrer to the second. Upon a trial of the issue in law, final judgment was rendered for the plaintiff without any regard to the issue in fact.
Thisjudgmentmust.be reversed. The special plea being bad, the plaintiff had a right to have his demurrer sustained, and was entitled to the costs of the issue in law; yet his success on that issue did not of itself entitle him to a recovery on the merits. There was another issue to be tried, and the rendition of this final judgment, before that issue was disposed of, is…
Also in this document: Per curiam.
2Cited by17 opinions
- Street Railroad Co. v. MorrowTennessee Supreme Court · 1889
- Arnold v. MundySupreme Court of New Jersey · 1821
- Debnam v. Southern Bell Telephone & Telegraph Co.Supreme Court of North Carolina · 1900
- Rubottom v. M'ClureIndiana Supreme Court · 1838
- Wall v. Chicago & Northwestern R'y Co.Supreme Court of Iowa · 1886
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