Legal Opinion

Orr v. Leathers

Indiana Court of Appeals

Decided November 13, 1901No. 3,492PublishedCited by 2 opinions

Erom Sullivan Circuit Court; W. W. Moffett, Judge. Action by William H. Leathers against Andrew M. Orr. From a judgment, for plaintiff, defendant appeals.

1Opinion of the CourtComstock, J.

— Appellee sued appellant upon account. The bill of particulars contained five items, consisting of a stock of goods, a clock, blacksmith tools, wheat, and seeding ground, and balance due on former settlement. At the same time he sued out a writ of attachment. Appellant answered in two paragraphs, general denial and set-off. Appellee replied to the second paragraph of answer (1) general denial, (2) payment, (3) set-off. Appellant’s demurrer to the third paragraph of reply (set-off) was overruled. This is assigned as the first error. A trial by the court resulted in a judgment against…

2Cases cited11 opinions

  1. Hanna v. MillsNew York Supreme Court · 1839
  2. Blount v. RickIndiana Supreme Court · 1886
  3. Curran v. CurranIndiana Supreme Court · 1872
  4. Barron v. MullinSupreme Court of Minnesota · 1875
  5. House v. McKinneyIndiana Supreme Court · 1876

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3Cited by2 opinions

  1. Lesh v. BaileyIndiana Court of Appeals · 1911
  2. Huntington v. HelmanIndiana Court of Appeals · 1921

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