DeVay v. Dunlap
Indiana Court of Appeals
From the Marion Circuit Court.
1Opinion of the CourtGavin, C. J.
Appellee filed her complaint in two paragraphs, seeking to recover moneys alleged to have been deposited by her with appellant, to be repaid with interest. The first paragraph counted upon a verbal contract. The second was based upon a written receipt or certificate, executed by appellant.
Section 343, R. S. 1881, only authorizes the sufficiency *691of the complaint as a whole, to be presented on appeal by assignment of error. In order to test the sufficiency of the several paragraphs separately, demurrers must he filed in the court below, and the rulings upon demurrer assigned as error here.…
2Cases cited20 opinions
- Branch v. FaustIndiana Supreme Court · 1888
- Potter v. SmithIndiana Supreme Court · 1871
- Long v. StrausIndiana Supreme Court · 1886
- Haymond v. SaucerIndiana Supreme Court · 1882
- Ohio & Mississippi Railway Co. v. McCartneyIndiana Supreme Court · 1890
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3Cited by15 opinions
- Seavey v. Estate of FanningIndiana Supreme Court · 1975
- O'Brien v. KingCalifornia Supreme Court · 1917
- Bridges v. StephensSupreme Court of Missouri · 1896
- Hindman v. TimmeIndiana Court of Appeals · 1893
- Estate of Fanning v. Estate of FanningIndiana Court of Appeals · 1974
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