Rawlings v. Fuller
Indiana Supreme Court
APPEAL from the Clark Common Pleas. This was a suit by Benjamin P. Fuller against the appellant, Mary E. Eawlings. The complaint contained two paragraphs. The first paragraph is for the recovery of real estate, and damages for use and occupation, based on a written contract, which is made a part of the paragraph, and is as follows:— “Articles of agreement between Benj. P. Fuller, and M. Rawlings. I, Benj.
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APPEAL from the Clark Common Pleas. This was a suit by Benjamin P. Fuller against the appellant, Mary E. Eawlings. The complaint contained two paragraphs. The first paragraph is for the recovery of real estate, and damages for use and occupation, based on a written contract, which is made a part of the paragraph, and is as follows:— “Articles of agreement between Benj. P. Fuller, and M. Rawlings. I, Benj. P. Fuller, agent for Sarah Floyd’s heirs’ property, to wit, of a brick house standing on ten feet off east side of lot No. 9, and on thirty-one feet off west side of lot No. 10, in the city…
1Opinion of the CourtElliott, C. J.
The material question in the case arises • on the ruling of the court below in overruling the demurrers to the complaint.
The objection urged to the complaint by the appellant is,, that it does not show a right of action in Fuller.
The third section of the code declares, that “ every action must be prosecuted in the name of the real party in ¡interest, except as otherwise provided in the next section.” The-provision of the next section is as follows:- “An executor,, administrator, a trustee of an express trust, or a person expressly authorized by statute, may sue without joining withi him the…
2Cases cited1 opinion
- Grinnell, Minturn & Co. v. SchmidtThe Superior Court of New York City · 1850
3Cited by12 opinions
- Musselman v. CravensIndiana Supreme Court · 1874
- Reynolds v. Louisville, New Albany & Chicago Railway Co.Indiana Supreme Court · 1895
- Ervin v. State ex rel. WalleyIndiana Supreme Court · 1897
- Marion Bond Co. v. Mexican Coffee & Rubber Co.Indiana Supreme Court · 1902
- Shuey v. AdairWashington Supreme Court · 1897
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