Hall v. Hough
Indiana Supreme Court
APPEAL from the Wells Circuit Court.
1Opinion of the CourtRay, J.
The objection that the amended complaint, filed by leave of court after the restraining order had been granted upon a properly verified complaint, was not supported by affidavit, cannot be raised by demurrer. Denny, Adm’r, v. Moore, 13 Ind. 418.
It is insisted that the complaint is defective in not containing copies of the judgments, executions, returns, and the sheriff’s deed. To require this would be simply requiring the proof proper to be introduced upon the trial of the issues to be made part of the complaint.
The facts stated in the complaint are sufficient, if true, to entitle the…
2Cases cited1 opinion
- Denny v. MooreIndiana Supreme Court · 1859
3Cited by5 opinions
- Moss v. JenkinsIndiana Supreme Court · 1897
- State ex rel. Stallings v. ReadIndiana Supreme Court · 1884
- Huseman v. SimsIndiana Supreme Court · 1885
- Barkley v. MahonIndiana Supreme Court · 1884
- France v. LarkinNebraska Supreme Court · 1914