Embrey v. Berry

Indiana Supreme Court

Embrey v. Berry

11 Ind. 129

DecidedNovember 24, 1858

StatusPublished

This text of 11 Ind. 129 (Embrey v. Berry) 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

Embrey v. Berry, 11 Ind. 129 (Ind. 1858).

Pincite

Opinion

Per Curiam.

This was a bill filed in chancery, under the old practice, to obtain a new trial in a cause at law. Answer in denial of the bill. The trial was had under the new code. The bill was dismissed below.

We think the judgment clearly right. It was the negligence of the party that prevented a successful defense at law; if the matter set up in the bill in this case would have constituted a defense, of which there is doubt.

D. H. Colerick, for the appellant. R. Brackenridge, jun., for the appellee.

Besides, the case, under the new practice, is here as upon the finding of a jury upon the facts.

The judgment is affirmed with costs.

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Per Curiam.

This was a bill filed in chancery, under the old practice, to obtain a new trial in a cause at law. Answer in denial of the bill. The trial was had under the new code. The bill was dismissed below.

We think the judgment clearly right. It was the negligence of the party that prevented a successful defense at law; if the matter set up in the bill in this case would have constituted a defense, of which there is doubt.

D. H. Colerick, for the appellant. R. Brackenridge, jun., for the appellee.

Besides, the case, under the new practice, is here as upon the finding of a jury upon the facts.

The judgment is affirmed with costs.

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Bluebook (online)

11 Ind. 129, Counsel Stack Legal Research, https://law.counselstack.com/opinion/embrey-v-berry-ind-1858.