Austin v. McMains
Indiana Court of Appeals
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
- Becknell v. HosierIndiana Court of Appeals · 1894
- Bruner v. BrownIndiana Supreme Court · 1894
- City of Evansville v. MartinIndiana Supreme Court · 1885
- Louisville, New Albany & Chicago Railway Co. v. CostelloIndiana Court of Appeals · 1894
- Bledsoe v. RaderIndiana Supreme Court · 1868
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3Cited by7 opinions
- Unger v. MellingerIndiana Court of Appeals · 1906
- Jonas v. HirshburgIndiana Court of Appeals · 1897
- Louisville, New Albany & Chicago Railway Co. v. QuinnIndiana Court of Appeals · 1896
- Stoy v. BledsoeIndiana Court of Appeals · 1903
- Vawter v. FrameIndiana Court of Appeals · 1911
2 more not listed; retrieve them via the Exa API.