Legal Opinion

Miller v. Engler

Indiana Supreme Court

Decided November 25, 1913No. 8,093Published

From Superior Court of’ Marion County (80,019) ; Charles J. Orbison, Judge. Action by A. B. Meyer and Company against Reuben N. Miller and others in which Charles Engler filed a cross-complaint against the defendants Reuben N. Miller and wife. From a judgment for cross-complainant, the defendants Reuben N. Miller and wife appeal.

1Opinion of the CourtShea, J.

This action was commenced by A. B. Meyer & Company for the foreclosure of a mechanic’s lien claimed against certain real estate owned by appellants, appellee Engler and Hiram Brown, all of whom were made defendants. The complaint was afterwards dismissed by agreement, but before dismissal Engler filed a cross-complaint against appellants for judgment on a promissory note and foreclosure of a mortgage against said real estate securing the note. The eross-complaint was in five paragraphs. Appellant Lulu M. Miller filed an answer thereto in general denial and plea of non est factum, also an…

2Cases cited21 opinions

  1. Indianapolis Northern Traction Co. v. BrennanIndiana Supreme Court · 1909
  2. McAdams v. BaileyIndiana Supreme Court · 1907
  3. Phelps v. SmithIndiana Supreme Court · 1888
  4. Cleveland, Etc., Railway Co. v. MoneyhunIndiana Supreme Court · 1896
  5. Oolitic Stone Co. v. RidgeIndiana Supreme Court · 1908

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