Smith v. McFall
Indiana Supreme Court
ERROR to the Marion Circuit Court. The plaintiff having procured an assessment of damages sustained from trespassing animals, filed it in the office of a justice of the peace, in the form prescribed by § 5, eh. 22, II. S.; appending thereto a statement that the animals were the property of the defendants. The justice thereupon issued a summons against the defendants, who appeared and moved to dismiss the cause for want of a sufficient cause of action.
Read the full summary
ERROR to the Marion Circuit Court. The plaintiff having procured an assessment of damages sustained from trespassing animals, filed it in the office of a justice of the peace, in the form prescribed by § 5, eh. 22, II. S.; appending thereto a statement that the animals were the property of the defendants. The justice thereupon issued a summons against the defendants, who appeared and moved to dismiss the cause for want of a sufficient cause of action. This motion was overruled by the justice, who proceeded to try the cause and rendered judgment for the plaintiff. The defendants appealed to…
1Per curiam
— “The cause of action is alleged to be deficient, in not stating that a demand had been made of the defendants for the damages assessed, before the suit was brought. The 7th section of the chapter above referred to, provides that upon filing such certificate the justice shall issue his summons, &e. It is true, the section immediately preceding requires a demand to be made before the right of action accrues, but though it would be necessary to prove upon the trial that such demand had been made, the only cause of action required to be filed is the certificate. It has been decided that in…
2Cases cited1 opinion
- Olds v. State ex rel. BrookinsIndiana Supreme Court · 1841
3Cited by1 opinion
- Hannum v. Borough of West ChesterSupreme Court of Pennsylvania · 1870