Headrick v. Wisehart

This cause is now before this court for the third time. It will be found reported, under its present title, the first time in 41 Ind. 87, and the second time in 48 Ind. 144.

When the cause was first here, Pettit, C. J., delivered the opinion of this court, reversing the judgment of the court below, upon th^ ground that the evidence did not sustain the appellee’s action for money paid by him for the use of the appellant. At the same time, Osborn, J., filed an opinion agreeing to the reversal of the judgment upon the ground stated, but he said:

“ I am not prepared to say that an action might not…