White v. Rankin
Indiana Supreme Court
ERROR to the Scott Circuit Court.—Assumpsit by Rankin, £¡0gianc/^ an¿ j\satíhéá{s, commissioners df Scott county, against While, administrator of White, for money had and received by the intestate to the use of the plaintiffs.
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ERROR to the Scott Circuit Court.—Assumpsit by Rankin, £¡0gianc/^ an¿ j\satíhéá{s, commissioners df Scott county, against While, administrator of White, for money had and received by the intestate to the use of the plaintiffs. The defendant, at the term to which the writ was returnable and at which the declaration was filed, failing to appear on being called, and the Court being satisfied that the process bad been served, a writ of inquiry was awarded to inquire of the damages, &c. At a subsequent term, to which the cause had been continued, and at which the defendant appeared, the damages…
1Opinion of the CourtHolman, J.
The first error assigned and relied on in this case, is, that the writ of inquiry was improperly awarded. It is said, that the capias was not executed ten days before the term of the Court in which the writ of inquiry was awarded; and the declaration, it seems, was not filed when the capias issued, but was filed in open Court, and but .one day before tire defendant was called, and the writ of inquiry awarded; and there was- no interlocutory judgment. The awarding of the writ of inquiry, without an interlocutory judgment, was merely informal. Had the writ been executed the same term in which…
2Cited by2 opinions
- Womack v. McahrenIndiana Supreme Court · 1857
- Board of Comm'rs v. BrewingtonIndiana Supreme Court · 1881