Legal Opinion

Fox v. Close

Indiana Court of Appeals

Decided October 27, 1916No. 9,097PublishedCited by 2 opinions

From Vigo Superior Court; John E. Cox, Judge. Action by Elva Close against Winfield M. Fox. From a judgment for plaintiff, the defendant appeals.

1Opinion of the CourtIbach, J.

This was a proceeding supplemental to execution in a cause wherein appellee had previously obtained a judgment. ' The substance of the verified complaint, which is the “foundation of the judgment and the order complained of ” is that on March 5, 1912, the plaintiff Eva Close recovered a judgment against appellant in the Vigo Superior Court; that thereafter on February 6, 1913, she caused an execution to be issued on her judgment which was delivered to the sheriff; that he now holds the execution and the same is unsatisfied; that there is danger of said defendant leaving the state of Indiana,…

2Cases cited5 opinions

  1. Gates v. Baltimore & Ohio Southwestern Railway Co.Indiana Supreme Court · 1900
  2. Baker v. State ex rel. MillsIndiana Supreme Court · 1887
  3. Bass v. Citizens Trust Co.Indiana Court of Appeals · 1904
  4. Pillsbury Flour Mills Co. v. WalshIndiana Court of Appeals · 1915
  5. Whitinger v. NelsonIndiana Supreme Court · 1868

3Cited by2 opinions

  1. Valdenaire v. HenryIndiana Court of Appeals · 1919
  2. Drake v. DrakeIndiana Court of Appeals · 1917

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