Barnard v. Peck

Indiana Supreme Court

Barnard v. Peck

16 Ind. 81, 1861 Ind. LEXIS 19

DecidedMay 28, 1861

StatusPublished

This text of 16 Ind. 81 (Barnard v. Peck) is published on Counsel Stack Legal Research, covering Indiana Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

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

Pincite

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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