Legal Opinion

Snowden v. Wilas

Indiana Supreme Court

Decided November 15, 1862PublishedCited by 67 opinions

APPEAL from tbe Huntington Circuit Court.

1Opinion of the CourtPerkins, J.

This was a suit by Wilas and Others against Snowden and Others, to recover for damage done by overflowing land by means of a mill-dam.

The defendants demurred to the complaint for uncertainty. The demurrer was overruled.

"Uncertainty is not a ground of demurrer under the code; but is a ground for a motion to compel the plaintiff to make his pleading more certain. Nevertheless, if a pleading be so uncertain as not to state intelligibly a substantially good cause of action or defense, it will be subject to demurrer, for not stating a cause of action or defense.

In the case at bar, we think the…

Also in this document: Per curiam.

2Cases cited8 opinions

  1. Lafayette Plankroad Co. v. New Albany & Salem RailroadIndiana Supreme Court · 1859
  2. M'Kellip v. M'IlhennySupreme Court of Pennsylvania · 1835
  3. Hankins v. LawrenceIndiana Supreme Court · 1846
  4. Postlethwaite v. PayneIndiana Supreme Court · 1856
  5. Gronour v. DanielsIndiana Supreme Court · 1844

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3Cited by67 opinions

  1. Branson v. StudabakerIndiana Supreme Court · 1892
  2. Strosser v. City of Fort WayneIndiana Supreme Court · 1885
  3. Owens v. LewisIndiana Supreme Court · 1874
  4. Yunker v. NicholsSupreme Court of Colorado · 1872
  5. Selvia v. ReitmeyerIndiana Court of Appeals · 1973

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