Denny v. Graeter

Indiana Supreme Court

Denny v. Graeter

17 Ind. 197, 1861 Ind. LEXIS 348

DecidedDecember 2, 1861

StatusPublished

This text of 17 Ind. 197 (Denny v. Graeter) 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

Denny v. Graeter, 17 Ind. 197, 1861 Ind. LEXIS 348 (Ind. 1861).

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Opinion

Per Curiam.

Where process is returnable at the term of the Court, it is not vitiated by naming an erroneous day for the sitting of the Court. The party is bound to know the true day as matter of law. Perk. Prac. 149; Rigsbee v. Bowler ante, p. 167.

William Harrow, for the appellants. Samuel Judah, for the. appellee.

The-failure of a Court to sit at an appointed term, does not work a discontinuance of a cause. Ind. Dig., pp. 676, 677; 2 R. S., § 16, p. 7. Appearance after' a discontinuance waives it. Perk. Prac. 100.

The judgment is affirmed, with 1 per cent, damages and costs;

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Per Curiam.

Where process is returnable at the term of the Court, it is not vitiated by naming an erroneous day for the sitting of the Court. The party is bound to know the true day as matter of law. Perk. Prac. 149; Rigsbee v. Bowler ante, p. 167.

William Harrow, for the appellants. Samuel Judah, for the. appellee.

The-failure of a Court to sit at an appointed term, does not work a discontinuance of a cause. Ind. Dig., pp. 676, 677; 2 R. S., § 16, p. 7. Appearance after' a discontinuance waives it. Perk. Prac. 100.

The judgment is affirmed, with 1 per cent, damages and costs;

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Bluebook (online)

17 Ind. 197, 1861 Ind. LEXIS 348, Counsel Stack Legal Research, https://law.counselstack.com/opinion/denny-v-graeter-ind-1861.