Baragree v. Cronkhite
Indiana Supreme Court
APPEAL from the Warren Common Pleas. This was a suit by the appellant against the appellees for an injunction. The complaint was in two paragraphs, the first of which alleged, that on the 6th of Mai’ch, 1867, the plaintiff left his • residence in said Warren county and went to Lafayette and5 Port Wayne, Indiana, for an indefinite period of time; that, he returned home on the 21st of the same month; that during his said absence the defendant Cronkhite, on the 11th, of March,…
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APPEAL from the Warren Common Pleas. This was a suit by the appellant against the appellees for an injunction. The complaint was in two paragraphs, the first of which alleged, that on the 6th of Mai’ch, 1867, the plaintiff left his • residence in said Warren county and went to Lafayette and5 Port Wayne, Indiana, for an indefinite period of time; that, he returned home on the 21st of the same month; that during his said absence the defendant Cronkhite, on the 11th, of March, commenced an action against the appellant, before the appellee Tharp, a justice of the peace of said county, and on the…
1Opinion of the CourtRay, J.
According to the dates given, an appeal could have been taken from the judgment rendered by the justice, and full relief obtained on such appeal. But if this were otherwise, section 68, p. 597, 2 G. & H., affords the proper remedy, that is, by an application to the circuit court or court of common pleas, where an appeal may be authorized after the statutory limit for taking the same has been passed without the fault of the party asking the relief. But in the case before us no right to the interposition of a court of equity is shown, as a part, at least, of the indebtedness is admitted to be…
2Cited by8 opinions
- Ross v. BantaIndiana Supreme Court · 1893
- Livingston v. LivingstonIndiana Supreme Court · 1921
- Earl v. MatheneyIndiana Supreme Court · 1877
- Johnson v. RamsayIndiana Supreme Court · 1888
- Brooks v. HarrisIndiana Supreme Court · 1873
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