Legal Opinion

Smith v. McClure

Indiana Supreme Court

Decided October 20, 1896No. 17,814PublishedCited by 4 opinions

From the Harrison Circuit Court.

1Opinion of the CourtMonks, C. J.

This action was brought by appellant to set aside and vacate a judgment and decree rendered in the court below in favor of appellee against one John T. Smith and appellant, his wife.

It is alleged in the complaint to set aside said judgment and decree, that at the time said action was commenced by appellee upon said note and mortgage, and until after the judgment and decree were rendered, that she was a person of unsound mind and incapable of managing her own estate or attending to any business whatever; that she was of sound mind when she commenced this action. A meritorious defense to the…

2Cases cited2 opinions

  1. Lawrence v. Van BuskirkIndiana Supreme Court · 1895
  2. Cabinet Makers' Union v. City of IndianapolisIndiana Supreme Court · 1896

3Cited by4 opinions

  1. M. A. Sweeney Co. v. FryIndiana Supreme Court · 1898
  2. Seiberling & Co. v. PorterIndiana Supreme Court · 1905
  3. Stockmen's National Bank of Casper v. Calloway ShopsWyoming Supreme Court · 1930
  4. Fugate v. JohnsonCourt of Appeals of Kentucky · 1914

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