Barnard v. Peck

16 Ind. 81, 1861 Ind. LEXIS 19
Indiana Supreme Court·Decided May 28, 1861·Published

Opinion

Per Curiam.

Suit on note, and to reform and foreclose a mortgage.

The only questions presented by the brief of the appellants are, that the Court erred in overruling a demurrer to the complaint, and in refusing to dismiss for want of jurisdiction.

As to the first point, the note and mortgage were filed with the complaint and sufficiently referred to therein. Ellis v. Miller, 9 Ind. 210.

As to the second, it is settled in Toner v. Mitchell, 13 Ind. 530.

The judgment is affirmed, with 5 per cent, damages and costs.

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Barnard v. Peck, 16 Ind. 81, 1861 Ind. LEXIS 19 (Ind. 1861).

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Related

Ellis v. Miller
9 Ind. 210 (Indiana Supreme Court, 1857)
Toner v. Mitchell
13 Ind. 530 (Indiana Supreme Court, 1859)