Legal Opinion

Easley v. Deer

Indiana Court of Appeals

Decided January 24, 1919No. 9,697PublishedCited by 3 opinions

From Boone Circuit Court; Willett PL. Parr, Judge. Action by Joel T. Deer ag’ainst Benjamin Easley and another, in which George W. Deer, executor, was substituted for plaintiff, who died before the trial. From a judgment for plaintiff, the defendant named appeals.

1Opinion of the CourtNichols, J.

This was an action upon a promissory note, commenced originally by Joel T. Deer, who afterwards, and before trial, died, and his executor, the appellee, was substituted as plaintiff.

The errors relied upon for reversal are: “1. The sustaining of the demurrer, of the plaintiff to the second paragraph of the separate answer of the defendant. 2. The overruling of the motion for a new trial. ’ ’

The aménded complaint avers in substance that the defendants, Calvin S. Sherrill and Benjamin Easley, by their promissory note, a copy of which' is made part of the complaint, promised to pay themselves or…

2Cases cited10 opinions

  1. Roush v. RoushIndiana Supreme Court · 1900
  2. McCabe v. RaneyIndiana Supreme Court · 1869
  3. Harrod v. BissonIndiana Court of Appeals · 1911
  4. Angola Railway & Power Co. v. ButzIndiana Court of Appeals · 1912
  5. Muncie Pulp Co. v. HackerIndiana Court of Appeals · 1906

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3Cited by3 opinions

  1. Citizens Nat. Bank of Orange, Va. v. WaughCourt of Appeals for the Fourth Circuit · 1935
  2. Ranchmens Trust Co. v. GillSupreme Court of Kansas · 1923
  3. Cloud v. HugCourt of Appeals of Kentucky (pre-1976) · 1955

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