Legal Opinion

Smith v. Andrew

Indiana Court of Appeals

Decided June 5, 1912No. 7,917PublishedCited by 7 opinions

Prom Huntington Circuit Court; Samuel E. Cook, Judge. Action by Thomas G. Smith against Riley Andrew and others. Prom a judgment for defendants, the plaintiff appeals.

1Opinion of the CourtHotted, C. J.

— Appellant brought this action for partition of certain real estate in Huntington county, Indiana. Appellees filed a special answer to the complaint, and appellant’s demurrer thereto was overruled. A demurrer ivas sustained to appellant’s reply, and, on his refusal to plead further, judgment was rendered in favor of appellees and partition denied.

The errors assigned and relied on are as follows: (1) The court erred in overruling appellant’s demurrer to appellees’ answer; (2) the court erred in sustaining the demurrer to appellant’s reply.

To a complaint for partition, the sufficiency of which…

2Cases cited14 opinions

  1. Schori v. StephensIndiana Supreme Court · 1878
  2. Lime City Building, Loan & Savings Ass'n v. BlackIndiana Supreme Court · 1893
  3. Scoville v. HilliardIllinois Supreme Court · 1868
  4. Stout v. DunningIndiana Supreme Court · 1880
  5. Swain v. HardinIndiana Supreme Court · 1878

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3Cited by7 opinions

  1. Helvey v. O'NEILLIndiana Court of Appeals · 1972
  2. Muncie Electric Light Co. v. JoliffIndiana Court of Appeals · 1915
  3. Coquillard v. CoquillardIndiana Court of Appeals · 1916
  4. Myers v. BraneIndiana Court of Appeals · 1944
  5. Hurwich v. ZossIndiana Court of Appeals · 1976

2 more not listed; retrieve them via the Exa API.

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