Legal Opinion

Mabin v. Webster

Indiana Supreme Court

Decided October 29, 1891No. 14,751PublishedCited by 17 opinions

From the Dearborn Circuit Court.

1Opinion of the Court

Olds, J. —

This is an action to recover damages for an alleged breach of a marriage contract.

The first error assigned is that the court erred in overruling the appellant’s motion to reject parts of the complaint, and the second error assigned • is the overruling of the appellant’s demurrer to the complaint.

We do not deem it necessary to set out the complaint or any portion of it, for it is clearly sufficient to withstand a demurrer, and the motion to reject parts was intended to take the place of and is to the same effect as a motion to strike out parts of the complaint, and there was no error…

2Cases cited4 opinions

  1. Chicago & Atlantic Railway Co. v. SummersIndiana Supreme Court · 1887
  2. Allen v. . BakerSupreme Court of North Carolina · 1882
  3. Sprague v. CraigIllinois Supreme Court · 1869
  4. Burk v. TaylorIndiana Supreme Court · 1885

3Cited by17 opinions

  1. Guthrie v. HowlandIndiana Supreme Court · 1905
  2. Jordan v. Indianapolis Water Co.Indiana Supreme Court · 1902
  3. Coddington v. CanadayIndiana Supreme Court · 1901
  4. Storer v. MarkleyIndiana Supreme Court · 1905
  5. Atkinson v. Wabash RailroadIndiana Supreme Court · 1895

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