Legal Opinion

Heller v. Dailey

Indiana Court of Appeals

Decided April 22, 1904No. 4,745PublishedCited by 4 opinions

Erom Wells Circuit Court; John W. Heading ton, Special Judge. Action by Lemuel Heller against Michael Dailey and others. Erom a judgment for defendants, plaintiff appeals

1Opinion of the CourtHesley, C. J.

Appellant commenced this action to collect rents alleged to be due on an oil and gas lease. Upon the former appeal in this case (Heller v. Dailey (1902), 28 Ind. App. 555) the judgment of the trial court was reversed and the cause remanded, with instruction to sustain the demurrer to certain answers.

In the tidal court, appellees filed an amended third, fourth and fifth paragraph of answer. To each of these answers appellant addressed a demurrer, which the court overruled, and, appellant refusing to plead further, judgment was rendered on demurrer.

The alleged errors brought to the attention of…

2Cases cited5 opinions

  1. Heller v. DaileyIndiana Court of Appeals · 1902
  2. Edmonds v. MounseyIndiana Court of Appeals · 1896
  3. Fennell v. GuffeySupreme Court of Pennsylvania · 1891
  4. Aderhold v. Oil Well Supply Co.Supreme Court of Pennsylvania · 1893
  5. Breckenridge v. ParrottIndiana Court of Appeals · 1896

3Cited by4 opinions

  1. Burgett v. LoebIndiana Court of Appeals · 1909
  2. Anthon State Bank v. BernardSupreme Court of Iowa · 1924
  3. Dailey v. HellerIndiana Court of Appeals · 1907
  4. Sessions v. Thomas D. Dee Memorial Hospital Ass'n.Utah Supreme Court · 1938

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