Legal Opinion

Austin v. McMains

Indiana Court of Appeals

Decided March 5, 1896No. 1,914PublishedCited by 7 opinions

From the Montgomery Circuit Court.

1Opinion of the CourtGavin, C. J.

This is an action in tort in which appellant sought to recover from appellee the value of cer*515tain wheat which he alleged belonged to him, and which appellee unlawfully seized, detained and converted to his own use.

Appellee answered in two paragraphs: 1. By general denial; (2) specially. Appellant demurred to the answer as a whole and not to the second paragraph separately.

A jury returned a special verdict upon which the court rendered judgment in favor of appellee.

The court could not rightfully have done otherwise than overrule the demurrer to an answer which contained a general denial.…

2Cases cited6 opinions

  1. Becknell v. HosierIndiana Court of Appeals · 1894
  2. Bruner v. BrownIndiana Supreme Court · 1894
  3. City of Evansville v. MartinIndiana Supreme Court · 1885
  4. Louisville, New Albany & Chicago Railway Co. v. CostelloIndiana Court of Appeals · 1894
  5. Bledsoe v. RaderIndiana Supreme Court · 1868

1 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. Unger v. MellingerIndiana Court of Appeals · 1906
  2. Jonas v. HirshburgIndiana Court of Appeals · 1897
  3. Louisville, New Albany & Chicago Railway Co. v. QuinnIndiana Court of Appeals · 1896
  4. Stoy v. BledsoeIndiana Court of Appeals · 1903
  5. Vawter v. FrameIndiana Court of Appeals · 1911

2 more not listed; retrieve them via the Exa API.

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