Barnes v. Mowry
Indiana Supreme Court
From the Decatur Circuit Court.
1Opinion of the Court
Elliott, J. —
The appellee’s complaint counts upon a promissory note executed by the appellant and William Sammons. Default was suffered by Sammons, and an answer and a cross-complaint were filed by the appellant, but they were held bad on demurrer.
The pleadings of the appellant make exhibits of copies of the record in a former action between the same parties, but as the record is not the foundation of either of the pleadings the exhibits can not be considered. It has been decided time and time again that it is bad pleading to overload a record with exhibits, and that it is only proper to make…
2Cases cited17 opinions
- Bethune v. DozierSupreme Court of Georgia · 1851
- Philbrooks v. McEwenIndiana Supreme Court · 1868
- Halstead v. BrownIndiana Supreme Court · 1861
- Second Nat'l Bank v. HillIndiana Supreme Court · 1881
- Fensler v. PratherIndiana Supreme Court · 1873
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3Cited by8 opinions
- Indiana Natural Gas & Oil Co. v. HintonIndiana Supreme Court · 1902
- Hier v. HarpsterSupreme Court of Kansas · 1907
- Indiana & Ohio Live Stock Insurance v. BenderIndiana Court of Appeals · 1904
- Indiana Nat. Bank of Indianapolis v. GossCourt of Appeals for the Seventh Circuit · 1953
- Wuerth v. FrohlichMichigan Supreme Court · 1930
3 more not listed; retrieve them via the Exa API.