Wilson v. Poole
Indiana Supreme Court
APPEAL from the Fountain Circuit Court. Suit by the appellee against the appellant, the complaint alleging that the appellee is the owner in fee simple of a certain lot in the city of Attica, and entitled to the possession thereof, a deed of conveyance of which, with warranty, from Alonzo Chandler and Elizabeth Chandler to the appellee, dated March 16th, 1868, is made an exhibit of the complaint; and that the appellant claims title in fee simple to said real estate, adverse…
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APPEAL from the Fountain Circuit Court. Suit by the appellee against the appellant, the complaint alleging that the appellee is the owner in fee simple of a certain lot in the city of Attica, and entitled to the possession thereof, a deed of conveyance of which, with warranty, from Alonzo Chandler and Elizabeth Chandler to the appellee, dated March 16th, 1868, is made an exhibit of the complaint; and that the appellant claims title in fee simple to said real estate, adverse to the appellee. Prayer, that the appellee’s title be quieted. The appellant answered in four paragraphs, first, the…
1Opinion of the CourtFrazer, J.
This case presents a number of questions of practice.
*4451. An answer in abatement was stricken out after the jury was sworn, because it was not verified by affidavit. Was this error?
The appellant relies on Bradley v. The Bank, 20 Ind. 528. That case only decides that after a trial it is too late to object that the answer was not verified. We are not aware of any reported case involving the precise point before us, and the industry of counsel has not discovered any. It may happen in the hurry of business in the lower courts (though it should not), that the verification is forgotten by the pleader,…
2Cases cited2 opinions
- Thatcher v. PowellSupreme Court of the United States · 1821
- Bradley v. Bank of the StateIndiana Supreme Court · 1863
3Cited by9 opinions
- Case v. JohnsonIndiana Supreme Court · 1883
- Gulick v. ConnelyIndiana Supreme Court · 1873
- Balfe v. LammersIndiana Supreme Court · 1887
- City of Fort Wayne v. ShoaffIndiana Supreme Court · 1886
- McEwen v. GilkerIndiana Supreme Court · 1871
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