Legal Opinion

Huston v. Williams

Indiana Supreme Court

Decided May 27, 1833PublishedCited by 10 opinions

ERROR to the Fountain Circuit Court. Benjamin Williams brought this suit against Robert and Hamilton Huston, and obtained a judgment in the Circuit Court.

1Opinion of the CourtStevens, J.

The plaintiff declared in an action of debt upon an instrument in writing, which is described in the declaration as a “writing obligatory, signed with their hands and sealed with their seals.” The defendants,, after craving oyer, demurred to the declaration. The Court overruled the demurrer, and the defendants, by leave of the Court, withdrew it an.d pleaded to the merits. The plea of the defendants is a plea of “fraud, covin, and false representation,” in these general terms, without stating the special circumstances, and without averring whether the “fraud, covin, and false representation,”…

2Cases cited5 opinions

  1. Vrooman v. PhelpsNew York Supreme Court · 1807
  2. Dale v. RooseveltCourt for the Trial of Impeachments and Correction of Errors · 1827
  3. Stevens v. JudsonNew York Supreme Court · 1830
  4. Pence v. SmockIndiana Supreme Court · 1830
  5. Sherwood v. JohnsonNew York Supreme Court · 1828

3Cited by10 opinions

  1. Bonner v. WelbornSupreme Court of Georgia · 1849
  2. Williams v. StateSupreme Court of Alabama · 1870
  3. Blackman v. Lehman, Durr & Co.Supreme Court of Alabama · 1879
  4. Atchison & Nebraska Railroad v. MillerNebraska Supreme Court · 1884
  5. Clark v. HarrisonIndiana Supreme Court · 1840

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