Henderson v. Reed
Indiana Supreme Court
APPEAL from the Marion Circuit Court. — Debt by Reed, against Henderson on a writing obligatory; and judgment against the defendant by default.
1Opinion of the CourtHolman, J.
The only error assigned in this case is, that the Circuit Court refused to let the defendant file a certain plea, which is copied in the record: and it is said that the defendant excepted to the opinion of the Court rejecting it; but there is no bill of exceptions, and the plea is no part of the record. If the plea were before us, so that we could take legal notice of it, we might see strong ground, to suppose the Circuit Court knew it was a sham plea; and if so, they were bound to reject it (1).
2Per curiam
The judgment is affirmed, with 6 •per cent, damages and costs.
The practice of sham pleading, that…
3Cited by1 opinion
- Chrisman v. MelneIndiana Supreme Court · 1855