United States Gypsum Co. v. Moore

On Petition for Rehearing.

Flanagan, J.

In their petition for ,a rehearing appellees insist that our opinion in this case conflicts with the holding in the case of Fry v. Gallaspie (1878), 61 Ind. 478, to the effect that a party may not aver the falsity of a return made by a proper officer, except in a direct proceeding against the officer. We cannot agree .that such conflict exists.

The rule so announced in the Fry v. Gallaspie case applies only to such facts as the officer is required by law to set forth in his return (Coan v. Elliott [1885], 101 Ind. 275), and only when the facts stated are…