Legal Opinion

Huntington Manufacturing Co. v. Schofield

Indiana Court of Appeals

Decided December 17, 1901No. 3,974PublishedCited by 2 opinions

From Huntington Circuit Court; G. W. Watkins, Judge. Action by William C. Schofield and others against the Huntington Manufacturing Company. From a judgment for plaintiffs, defendant appeals.

1Per curiam

Appellees sued appellant upon an account, .averring appellant to be a corporation. Appellant answered in two paragraphs, first the general denial, and second a verified answer that when the “cause of action accrued no such corporation existed as the defendant.” The cause was tried upon its merits resulting in a verdict and judgment for •appellees. Overruling a motion for a new trial is assigned as error.

If the second paragraph of answer is a plea in abatement it could not be pleaded with an answer in bar. Under the .general denial appellant, as a corporation, defended the action on its…

2Cases cited3 opinions

  1. Baker v. NeffIndiana Supreme Court · 1880
  2. Williamson v. Kokomo Building & Loan Fund AssociationIndiana Supreme Court · 1883
  3. Indiana Bond Co. v. OgleIndiana Court of Appeals · 1899

3Cited by2 opinions

  1. Shields v. PylesIndiana Supreme Court · 1912
  2. Aetna Life Insurance Co. v. WeatherhoggIndiana Court of Appeals · 1936

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