Legal Opinion

Bowen v. Bowen

Indiana Supreme Court

Decided April 28, 1881Published

Appeal from Carroll Circuit Court. cited 2 Ind. Stat., p. 170, § 334, as to right of polling jury. cited Spalding v. Myers (April 3, 1879), as to sufficiency of complaint; also Price v. Saunders, 60 Ind. 310.

1Opinion of the Court

Opinion of the court by

Mr. Justice Elliott.

The appellee’s complaint is for work and labor performed by him for tbe appellant. The answer of the appellant is the general denial and payment. To the plea of payment a reply in denial was filed.

The only questions which counsel argue are those presented by the assignment, based upon the ruling denying a new trial.

An affidavit was made by appellant for a change of venue from the county. The court refused to grant the change, and in this did *225right. The affidavit was radically defective, for the reason that it did not specifically set forth the…

2Cases cited4 opinions

  1. Commonwealth v. CostleyMassachusetts Supreme Judicial Court · 1875
  2. McCullough v. McCulloughIndiana Supreme Court · 1859
  3. State v. BogainSupreme Court of Louisiana · 1857
  4. Labar v. KoplinNew York Court of Appeals · 1851

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