Gilbert v. Bakes
Indiana Supreme Court
From the Switzerland Circuit Court.
1Opinion of the CourtElliott, J.
The appellant filed an answer to the second paragraph of the appellees’ complaint, and the court overruled the demurrer addressed to the answer by the appellees.
The appellant’s counsel contend that the second paragraph of the complaint is bad, and that the court of its own volition should have carried the demurrer back and sustained it to the complaint. This contention can not prevail. Where the answer of the defendant is left standing, he can not successfully claim that the court erred in failing, of its own motion, to carry the demurrer back to the complaint. Haymond v. Saucer, 84 Ind. 3;…
2Cases cited10 opinions
- Standley v. Northwestern Mutual Life InsuranceIndiana Supreme Court · 1884
- Cupp v. CampbellIndiana Supreme Court · 1885
- Felton v. SmithIndiana Supreme Court · 1882
- Haymond v. SaucerIndiana Supreme Court · 1882
- Scheible v. SlagleIndiana Supreme Court · 1883
5 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Cummings v. GirtonIndiana Court of Appeals · 1898
- Rogers v. CrockettIdaho Supreme Court · 1925
- Pritchett v. McGaugheyIndiana Supreme Court · 1898
- Simmons v. ParkerIndiana Court of Appeals · 1916
- Grace v. CoxIndiana Court of Appeals · 1896
4 more not listed; retrieve them via the Exa API.