Legal Opinion

Stults v. Miltenberger

Indiana Supreme Court

Decided November 28, 1911No. 21,894Published

From Allen Circuit Court; E. O’Rourke, Judge. Action by Jacob D. Miltenberger and another against Sherman P. Stults and others. Prom a judgment for plaintiffs, defendants appeal. Transferred from Appellate Court under §1405 Burns 1908, Acts 1901 p. 590.

1Opinion of the CourtMyers, J.

This is an action for the replevin of an automobile, begun before a justice of the peace, where a judgment was rendered for appellees. An appeal was taken to the Allen Circuit Court, where, by leave of court, two affirmative paragraphs of answer were filed in addition to a general denial. A demurrer was sustained to the second paragraph, and the cause went to trial on the first and third paragraphs, on which there was again a finding for appellees. Over a motion for a new trial judgment was rendered for appellees, from which appellants appeal, assigning error upon the action of the court in…

2Cases cited21 opinions

  1. McNeil v. . the Tenth National BankNew York Court of Appeals · 1871
  2. Saltus & Saltus v. EverettNew York Supreme Court · 1838
  3. Landwerlen v. WheelerIndiana Supreme Court · 1886
  4. Barnard v. . CampbellNew York Court of Appeals · 1874
  5. Levi v. BoothCourt of Appeals of Maryland · 1882

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