McSwane v. Foreman
Indiana Supreme Court
From Posey Circuit Court; O. M. Welborn, Judge. Action by Sylvester F. McSwane against Orville P. Foreman and another. From a judgment for defendants, plaintiff appeals.
1Opinion of the CourtGillett, J.
On the motion of appellee Bowker Fertilizer Company the court below struck appellant’s complaint from the files and dismissed his action, on the ground of a failure to give his examination as a party. This ruling is assigned as error.
Both the notice to appellant as a party and the subpoena issued for him as a witness provided for the taking of his examination at his dwelling-house, twelve or fourteen miles in the' country. It appears without dispute that appellant’s family consisted of his wife and five children, and that they dwelt in a house of three rooms; that there was no place therein…
2Cases cited11 opinions
- Boyd v. United StatesSupreme Court of the United States · 1886
- Fisher v. PurdueIndiana Supreme Court · 1874
- Fishback v. StateIndiana Supreme Court · 1892
- Lofton v. MooreIndiana Supreme Court · 1882
- Burke v. StateIndiana Supreme Court · 1874
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3Cited by2 opinions
- Gmeiner v. StateIndiana Supreme Court · 1925
- Lupton v. CoffelIndiana Court of Appeals · 1911