Smith v. Baugh
Indiana Supreme Court
APPEAL from the Tippecanoe Common Pleas. Suit by Baugh against Smith, the appellant, and Boyd, on a promissory note executed by them to Baugh for four thousand five hundred dollars, on which a payment of two thousand dollars had been made. Smith, the appellant, filed a separate answer of four paragraphs. No question is presented in this court on the first and fourth.
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APPEAL from the Tippecanoe Common Pleas. Suit by Baugh against Smith, the appellant, and Boyd, on a promissory note executed by them to Baugh for four thousand five hundred dollars, on which a payment of two thousand dollars had been made. Smith, the appellant, filed a separate answer of four paragraphs. No question is presented in this court on the first and fourth. The second paragraph ¡alleges, that Smith signed the note only as the surety of Boyd; that after the note matured, an agreement -was made between the plaintiff', Boyd, and one Kurtz, without the consent of the appellant, by which…
1Opinion of the CourtElliott, J.
Two questions are presented by the appellant, upon which a reversal of the judgment is claimed.
The first is, that the finding of the jury is not sustained by the evidence, and that the court, therefore, erred in overruling the motion for a new trial.
We find in the record what purports to be a bill of exceptions, containing the evidence, which the appellee moves to strike from the record, for the alleged reason that it is not a proper bill of exceptions, and thereforedoes not form .a part of the record.
The facts in relation to it are these:—
The cause was tried, and final judgment was rendered,…
2Cases cited2 opinions
- Hedrick v. HedrickIndiana Supreme Court · 1867
- McElfatrick v. CoffrothIndiana Supreme Court · 1867
3Cited by14 opinions
- Shugart v. MilesIndiana Supreme Court · 1890
- Ketcham v. HillIndiana Supreme Court · 1873
- State Ex Rel. Hodshire v. Bingham, JudgeIndiana Supreme Court · 1941
- Bement v. MayIndiana Supreme Court · 1893
- Storrie v. ShawTexas Supreme Court · 1903
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