Paine v. Lake Erie & Louisville Railroad
Indiana Supreme Court
APPEAL from the Fayette Common Pleas. The appellee on the 10th day of May, 1867, filed her complaint in the Wayne Common Pleas, against the appellants, and George P. Eddy, Thomas Wadsworth, George T. M. Davis* George A. Robbins, John C. Fisher, executor of James Oswald, Alfred B. Williams, and the Lake Erie & Pacific Railroad Company.
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APPEAL from the Fayette Common Pleas. The appellee on the 10th day of May, 1867, filed her complaint in the Wayne Common Pleas, against the appellants, and George P. Eddy, Thomas Wadsworth, George T. M. Davis* George A. Robbins, John C. Fisher, executor of James Oswald, Alfred B. Williams, and the Lake Erie & Pacific Railroad Company. The complaint averred, that the appellee was a corporation, organized under the laws of the States of Ohio and Indiana, with authority to construct and operate a railroad from Fremont, in Sandusky county, Ohio, to Rushville, in Rush county, Indiana. That the…
1Opinion of the CourtGregory, J.
The portions of the depositions which were suppressed only tended to prove the matters set up in the special answer and cross complaint, to which a demurrer was sustained. In our view of the case, it is not necessary to notice them more specifically.
The first question presented is, did the court below err in refusing to transfer the case to the circuit court?
The statute provides,that “when it appears upon the face of the complaint or by other legitimate pleadings verified by affidavit, that the title to real estate is in issue in the common pleas court of any county, the cause, with the…
2Cases cited2 opinions
- Chase v. BarrettNew York Court of Chancery · 1833
- Carpenter v. VanscotenIndiana Supreme Court · 1863
3Cited by22 opinions
- Jones v. MorrisonSupreme Court of Minnesota · 1883
- Jeffersonville, Madison, & Indianapolis R. R. v. HendricksIndiana Supreme Court · 1872
- Haywood v. Lincoln Lumber Co.Wisconsin Supreme Court · 1885
- McConnell v. Combination Mining & Milling Co.Montana Supreme Court · 1904
- Stephenson v. Texas & Pacific Railway Co.Texas Supreme Court · 1874
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