Legal Opinion
Milholland v. Pence
Indiana Supreme Court
Decided December 3, 1858PublishedCited by 16 opinions
APPEAL from the Warren Court of Common Pleas.
1Opinion of the CourtDavison, J.
The appellant, who was the plaintiff, sued Pence before a justice of the peace. The following is the cause of action:
“ William Pence, Dr. to Joseph Milholland, thirty dollars for one gun, obtained by fraud. April 14, 1857. [Signed] Joseph Milholland.”
The justice gave judgment for the plaintiff. In the Common Pleas, to which the cause was taken by appeal, the defendant moved to dismiss the suit for want of a complaint. Pending this motion, the plaintiff moved for leave to amend the cause of action. The Court refused to allow the amendment, and sustained the motion to dismiss. In support of…
2Cited by16 opinions
- Ginn v. CollinsIndiana Supreme Court · 1873
- Powell v. DeHartIndiana Supreme Court · 1876
- United States Express Co. v. KeeferIndiana Supreme Court · 1877
- Clifford v. MeyerIndiana Court of Appeals · 1893
- Smith v. City of New AlbanyIndiana Supreme Court · 1910
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