Knœfel v. Williams
Indiana Supreme Court
APPEAL from the Floyd. Circuit Court. The appellee, who was the plaintiff' below, sued the appellant for the rent of part of a lot numbered three, in the city of New Albany. He averred that he leased the premises to appellant, by a verbal agreement, from month to month, at the rate of twenty dollars per month, from July 1st, 1861. The suit was commenced October 12th, 1863. The appellant answered in three paragraphs. The first was the general denial.
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APPEAL from the Floyd. Circuit Court. The appellee, who was the plaintiff' below, sued the appellant for the rent of part of a lot numbered three, in the city of New Albany. He averred that he leased the premises to appellant, by a verbal agreement, from month to month, at the rate of twenty dollars per month, from July 1st, 1861. The suit was commenced October 12th, 1863. The appellant answered in three paragraphs. The first was the general denial. The second paragraph is as follows: — “The defendant answers the complaint of the plaintiff', and says that the plaintiff' has not the legal…
1Opinion of the CourtGregory, J.
The second paragraph of the answer was not sworn to, and it can, therefore, only be sustained on the ground that it is in bar,and not in abatement. This paragraph is in bar of the action, by force of the act of Congress of July 17th, 1862. The fifth section thereof is as follows :—
“Sec. 5. And be it further enacted, That, to insure the speedy termination of the present rebellion, it shall be the duty of the President of the United States to cause the seizure of all the estate and property, money, stocks, credits, and effects of the persons hereinafter named in this section, and to apply and…
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