Legal Opinion
Marion & Logansport Railroad v. Lomax
Indiana Supreme Court
Decided May 27, 1856PublishedCited by 7 opinions
APPEAL from the Grant Circuit Court.
1Opinion of the CourtPerkins, J.
Lomax sued the Marion and Logansport Railroad Company, in debt. The defendant made default. The plaintiff introduced his evidence, and had judgment for his damages. The defendant then appeared, and moved in arrest of judgment and for a new trial.
The Court overruled the motions, and rightly. The default admitted the truth and sufficiency of the complaint. Johnson v. Stebbins, 5 Ind. R. 364. Since the statute of 1855, Laws of 1855, p. 60, the rule will be otherwise.
No exception was taken to the admission of evidence.
The motion in arrest, preceding, that for a new trial, affirmed the verdict,…
2Cited by7 opinions
- Yazel v. StateIndiana Supreme Court · 1908
- Cincinnati, Indianapolis, St. Louis & Chicago Railway Co. v. CaseIndiana Supreme Court · 1890
- Grider v. ScharfIndiana Supreme Court · 1947
- Heitman v. SchnekIndiana Supreme Court · 1872
- Security Trust Co. of Rochester v. MyhanIndiana Supreme Court · 1916
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