Legal Opinion

Johnson v. First National Bank

Indiana Court of Appeals

Decided November 14, 1917No. 9,394PublishedCited by 6 opinions

From Lake Superior Court; Charles E. Greemvald, Judge. Action by First National Bank of Whiting against August H. W. Johnson and another. From a judgment for plaintiff, the defendant named appeals.

1Opinion of the CourtCaldwell, J.

Appellee brought this action against appellant and Carl Johnson to recover on an assignment of account executed by the latter to appellee, and directed to, and accepted by, appellant. Process was not served on Carl Johnson. Appellant filed an answer in two paragraphs. On December 19,1913, the action was dismissed by the court for want of prosecution. On February 2, 1914, at a subsequent term, an entry was made restoring the cause to the docket, the entry being as follows: “Upon motion of the plaintiff this action is now restored to the docket.” The sole error assigned and relied on is…

2Cases cited19 opinions

  1. Coleman v. StateIndiana Supreme Court · 1887
  2. Indianapolis Northern Traction Co. v. BrennanIndiana Supreme Court · 1909
  3. Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. StarksIndiana Court of Appeals · 1914
  4. Lake v. JonesIndiana Supreme Court · 1874
  5. Wabash Railroad v. DykemanIndiana Supreme Court · 1892

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3Cited by6 opinions

  1. Mitter v. Black Diamond Coal Co.Wyoming Supreme Court · 1922
  2. In re AleIndiana Court of Appeals · 1917
  3. Vail v. Department of Financial InstitutionsIndiana Court of Appeals · 1938
  4. Henderson v. DreyfusNew Mexico Supreme Court · 1920
  5. Papuschak v. BurichIndiana Court of Appeals · 1933

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