Legal Opinion

Clegg v. Waterbury

Indiana Supreme Court

Decided November 15, 1882No. 9954PublishedCited by 14 opinions

From the Clark Circuit Court.

1Opinion of the CourtElliott, J.

— The appellees, who are husband and wife, brought this action to recover damages for a malicious prosecution instituted against the latter by the appellant.

The complaint was not attacked in the court below, but is here assailed by the assignment of errors. We are, therefore, to test the complaint by the rules which prevail in cases where the pleading is not questioned until after verdict. It is a familiar ruje that many defects are aided by a verdict, and that after verdict all reasonable intendments will be made in favor of the pleading. The part of the complaint which. ' charges the…

2Cases cited2 opinions

  1. Richter v. KosterIndiana Supreme Court · 1874
  2. Leever v. HamillIndiana Supreme Court · 1877

3Cited by14 opinions

  1. Bower v. BowerIndiana Supreme Court · 1895
  2. Evansville, Mount Carmel & Northern Railway Co. v. ScottIndiana Court of Appeals · 1916
  3. McCullough v. MartinIndiana Court of Appeals · 1895
  4. Pennsylvania Co. v. RusieIndiana Supreme Court · 1884
  5. Fuller v. CoxIndiana Supreme Court · 1893

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