Pape v. Ferguson
Indiana Court of Appeals
From Allen Superior Court; E. O’Rourke, Special Judge. Action by John Ferguson and others against Charles Pape for damages for breach of contract to furnish lumber and logs. From a judgment for plaintiffs, defendant appeals.
1Opinion of the CourtRobinson, P. J.
J. — Suit by appellees for damages for breach of a written contract to sell and deliver logs and lumber. The case was tried by the court, and at the conclusion of the evidence and the argument, both parties being present, it was shown to the court that the original complaint, in three paragraphs, had been lost; and upon leave of court, and without objection, appellees filed a substituted complaint. The statute expressly authorizes such proceeding. §382 Bums 1901. Such substituted complaint, unless the contrary is shown, is presumed to he an exact reproduction of the original pleading and…
2Cases cited15 opinions
- Rosenthal v. WalkerSupreme Court of the United States · 1884
- Schutz v. JordanSupreme Court of the United States · 1891
- Cockburn v. Ashland Lumber Co.Wisconsin Supreme Court · 1882
- Stanton v. KenrickIndiana Supreme Court · 1893
- Raymond v. WathenIndiana Supreme Court · 1895
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3Cited by2 opinions
- J. P. Smith Shoe Co. v. Curme-Feltman Shoe Co.Indiana Court of Appeals · 1918
- Graham, Admx. v. PlotnerIndiana Court of Appeals · 1926