Beaird v. United States

Indiana Supreme Court

Beaird v. United States

5 Ind. 220

DecidedJune 8, 1854

StatusPublished

This text of 5 Ind. 220 (Beaird v. United States) 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

Beaird v. United States, 5 Ind. 220 (Ind. 1854).

Pincite

Opinion

Davison, J.

The United States of America sued Beaird, late post-master at Brownsville, Indiana, before a justice of the peace, and obtained a judgment. Beaird appealed. In the Circuit Court, judgment was rendered for the plaintiff below.

The record before us does not disclose the cause of action, and we must presume that none was filed. There being no cause of action on file, there could be no issue in the case; and a trial without an issue is erroneous. Bell v. Trotter, 4 Blackf. 12.—Denby v. Hart, id. 13.—Wilbridge v. Case, 2 Ind. 36.

Per Curiam. — The judgment is reversed with costs. Cause remanded, &c. -

Free access — add to your briefcase to read the full text and ask questions with AI

Davison, J.

The United States of America sued Beaird, late post-master at Brownsville, Indiana, before a justice of the peace, and obtained a judgment. Beaird appealed. In the Circuit Court, judgment was rendered for the plaintiff below.

The record before us does not disclose the cause of action, and we must presume that none was filed. There being no cause of action on file, there could be no issue in the case; and a trial without an issue is erroneous. Bell v. Trotter, 4 Blackf. 12.—Denby v. Hart, id. 13.—Wilbridge v. Case, 2 Ind. 36.

Per Curiam. — The judgment is reversed with costs. Cause remanded, &c. -

Cite This Page — Counsel Stack

Bluebook (online)

5 Ind. 220, Counsel Stack Legal Research, https://law.counselstack.com/opinion/beaird-v-united-states-ind-1854.

Opinion

Related

Cite This Page — Counsel Stack