Legal Opinion

Dailey v. Heller

Indiana Court of Appeals

Decided May 16, 1907No. 5,876Published

From Wells Circuit Court; G. W. Watkins, Special Judge. Action by Lemuel Heller against Michael Dailey and another. From a judgment for plaintiff, defendants -appeal.

1Opinion of the CourtMyers, C. J.

This was an action by appellee against appellants to enforce the payment of alleged rentals, claimed to be due him by virtue of a gas and oil lease.

From-a judgment in favor of appellee, appellants appeal, and assign as errors: (1) That the complaint does not state facts sufficient to constitute a cause of action; (2) the sustaining of appellee’s demurrer to the amended third para*381graph of answer; (3) the overruling of appellants’ motion for a new trial; (4) the overruling of appellants’ motion to modify the judgment.

This is the third appeal. Heller v. Dailey (1902), 28 Ind. App. 555; Heller v.…

2Cases cited3 opinions

  1. Heller v. DaileyIndiana Court of Appeals · 1902
  2. Bettman v. ShadleIndiana Court of Appeals · 1899
  3. Heller v. DaileyIndiana Court of Appeals · 1904

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