Legal Opinion

Kiger v. Franklin

Indiana Supreme Court

Decided November 30, 1860PublishedCited by 4 opinions

APPEAL from "the Delaware Common Pleas.

1Opinion of the CourtPerkins, J.

Suit to foreclose a mortgage. Judgment of sale..

The mortgage debt was payable in installments, the last of *103which was not due at the rendition of judgment, and the aggregate of which exceeded $1,000. The suit was commenced after the act of 1859 took'effect.

It is urged that the Common Pleas Court had not jurisdic•fion of the suit. We think the Court had jurisdiction. It was conferred by the act of March 5, 1859. Acts 1859, p. 93.

By the organic act of 1852, the Common Pleas had concurrent jurisdiction with the Circuit Court, in certain actions where but $1,000 was involved. By the amendatory act…

2Cited by4 opinions

  1. Jenkinson v. EwingIndiana Supreme Court · 1861
  2. Holcroft v. HalbertIndiana Supreme Court · 1861
  3. Lintz v. HoytIndiana Supreme Court · 1861
  4. Stevenson v. GouldIndiana Supreme Court · 1861

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