Ashwell v. Miller
Indiana Supreme Court
From Boone Circuit Court; J ames V. Kent, Special Judge. Action by Elvira Asbwell against Matthew G. Miller. From a judgment for defendant, the plaintiff appeals.
1Opinion of the CourtCaldwell, J.
The appellant filed her complaint against the appellee, declaring on a promissory note, alleged to have been executed by the latter to the former. The appellee filed an answer of non est factum, under oath as required by the *384statute. The answer, omitting the caption, is as follows: ‘ ‘ The defendant, Matthew G. Miller, being first duly sworn, upon his oath, for his answer to the complaint herein, says that he did not execute the note mentioned in the complaint, and that said note is not his act and deed. Matthew G. Miller. Subscribed and sworn to before me this 13th day of November, 1909.…
2Cases cited41 opinions
- Carver v. CarverIndiana Supreme Court · 1884
- Thomas v. StateIndiana Supreme Court · 1885
- Bartlett v. DrakeMassachusetts Supreme Judicial Court · 1868
- Hinchcliffe v. KoontzIndiana Supreme Court · 1890
- Burdick v. HuntIndiana Supreme Court · 1873
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3Cited by25 opinions
- Brown v. GrzeskowiakIndiana Supreme Court · 1951
- Thomas v. StateIndiana Court of Appeals · 1990
- Miller v. MillerIndiana Court of Appeals · 1914
- State Ex Rel. Roberts v. Graham, TrusteeIndiana Supreme Court · 1953
- Ford v. StateIndiana Court of Appeals · 1995
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