Brady v. Murphy

19 Ind. 258

Opinion

Per Curiam.

It is the settled rule of pleading, in this state, that where a party makes the judgment of a court the foundation of his action or defense, he must make the record of such judgment, or a transcript of it, a part of the pleading setting it up, as in case of written instruments.

Former recovery can not be given in evidence under the general denial.

Per Curiam.

The judgment is reversed, with costs. Cause remanded for another trial.