Legal Opinion

Gatling v. Newell

Indiana Supreme Court

Decided December 14, 1857PublishedCited by 57 opinions

APPEAL from the Montgomery Circuit Court.

1Opinion of the Court

Perkins J.

This was a suit under the new code of practice, by Newell and Beach against Gatling, to obtain the rescission of an executed written contract. An answer was filed, to which there was a reply. Evidence was heard, and judgment of rescission rendered. The evidence was all properly placed upon the record, and an appeal taken to this Court.

The case has been most elaborately argued, and a great many questions presented.

The first is one of parties. The written articles were all between Newell and Beach, and Gatling. The evidence, however, clearly discloses that another person, to-wit,…

Also in this document: Per curiam.

2Cases cited18 opinions

  1. Masson v. BovetCourt for the Trial of Impeachments and Correction of Errors · 1845
  2. Smith v. RichardsSupreme Court of the United States · 1839
  3. M'Cormick v. MalinIndiana Supreme Court · 1841
  4. Shaeffer v. SleadeIndiana Supreme Court · 1844
  5. Foley v. CowgillIndiana Supreme Court · 1838

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3Cited by57 opinions

  1. Plymale v. UprightIndiana Court of Appeals · 1981
  2. Neblett v. MacFarlandSupreme Court of the United States · 1876
  3. Conant v. National State BankIndiana Supreme Court · 1889
  4. Frenzel v. MillerIndiana Supreme Court · 1871
  5. Burt v. BowlesIndiana Supreme Court · 1879

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