Duckwall v. Williams
Indiana Court of Appeals
Erom Delaware Circuit Court; J. G. Lefler, Judge. Action by Joseph E. Duckwall against John Williams on account for legal services. Erom a judgment for defendant, plaintiff appeals.
1Opinion of the CourtBobibtsob, P. J.
Appellant sued upon an account for legal services. Appellee answered in five paragraphs, the fifth of which pleaded a set-off. The error, if any, in sustaining a demurrer to the second paragraph of reply to the fifth paragraph of answer, was harmless, because the fourth paragraph of reply, to which a demurrer was overruled, is directed to the same answer, and pleads substantially the same facts, as the second paragraph. Erroneously sustaining a demurrer to a good paragraph of a pleading is harmless error, if there is another paragraph under which .the same facts may be proved. Mason v. Mason,…
2Cases cited8 opinions
- Evansville & Terre Haute Railroad v. CristIndiana Supreme Court · 1889
- Luntz v. GreveIndiana Supreme Court · 1885
- Lake Erie & Western Railroad v. BraffordIndiana Court of Appeals · 1896
- Mason v. MasonIndiana Supreme Court · 1885
- Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. WardIndiana Supreme Court · 1896
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3Cited by3 opinions
- Supreme Tent, Knights of the Maccabees of the World v. EthridgeIndiana Court of Appeals · 1909
- Estate of Anderson v. SmithIndiana Court of Appeals · 1974
- Daly v. DonovanSupreme Court of Minnesota · 1937