Hagar v. Mounts
Indiana Supreme Court
APPEAL from the Bartholomew Circuit Court. Mounts was the plaintiff below, and Hagar and Hart the defendants. The suit was commenced before a justice of the peace, and was founded on a promissory note. The defendants pleaded specially. See ante, pi 57.'
1Opinion of the CourtM’Kinney, J.
At the May term, 1832, this case was before us, and it was decided that the Circuit Court erred, in rejecting the testimony offered by the defendants in support of their pleas. In.the opinion delivered, it was observed, “The plaintiff need not go to trial on the special plea, unless it be sworn to; but if he does, the same proof will be admissible as if the affidavit had been made. Considering the pleas in this case, therefore, as regularly before the Court, the evidence in their support, if it tend to show a. valid defence, should not have been rejected.” The judgment of the Circuit Court…
Also in this document: Per curiam.
2Cited by6 opinions
- Lange v. DammierIndiana Supreme Court · 1889
- Bader v. StateIndiana Supreme Court · 1911
- Pudney v. BurkhartIndiana Supreme Court · 1878
- Wickhizer v. BolinIndiana Court of Appeals · 1899
- Trustees of Dartmouth College v. WoodwardSuperior Court of New Hampshire · 1817
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