Legal Opinion

Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co. v. Johnson

Indiana Court of Appeals

Decided October 18, 1912No. 7,671PublishedCited by 2 opinions

From Pulaski Circuit Court; Francis J. Vurpillat, Judge. Action by The Pittsburgh, Cincinnati, Chicago and St. Louis Railway Company against Carl Johnson and another to enjoin the enforcement of an execution. Prom a judgment against it on a cross-complaint seeking to cure the defect of the judgment on which the execution was issued, by reading and signing the record thereof nunc pro tunc, the plaintiff appeals.

1Opinion of the CourtHottel, C. J.

This is a suit begun by appellant to enjoin the enforcement of an execution in favor of appellee, Johnson, in the hands of appellee, Sanders, sheriff. Appellee, Johnson, will be referred to as appellee.

The issues of fact in the case were presented by. a complaint in two paragraphs, the first of which was' dismissed after trial; neither paragraph was denied, but each was specially answered. A demurrer to each answer was overruled. A reply in denial and special replies were filed. After the case had proceeded to trial appellee, over appellant’s objection, filed a cross-complajnt in two…

2Cases cited21 opinions

  1. Louisville, New Albany & Chicago Railway Co. v. MillerIndiana Supreme Court · 1894
  2. Perkins v. HaywardIndiana Supreme Court · 1890
  3. Griffith v. StateIndiana Supreme Court · 1871
  4. Kraus v. LehmanIndiana Supreme Court · 1908
  5. Colchen v. NindeIndiana Supreme Court · 1889

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3Cited by2 opinions

  1. Bailer v. DowdIndiana Supreme Court · 1942
  2. Catherwood v. CatherwoodIndiana Court of Appeals · 1920

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