Foster v. Mabes

Indiana Supreme Court

Foster v. Mabes

4 Ind. 614, 1853 Ind. LEXIS 244

DecidedDecember 31, 1853

StatusPublished

This text of 4 Ind. 614 (Foster v. Mabes) 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

Foster v. Mabes, 4 Ind. 614, 1853 Ind. LEXIS 244 (Ind. 1853).

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Opinion

Stuart, J.

Action commenced and tried before a justice, and appealed. In the Circuit Court the plaintiff amended his cause of action. Demurrer sustained and judgment for the defendant for costs. We think the amended cause of action substantially good, no great exactness being required in suits before a justice. It is distinguished from Stackberger v. Mosteller, ante, p. 461, in that the plaintiff entered into possession. The demurrer should have been overruled.

Per Curiam.

The judgment is reversed with costs. Cause remanded, &c.

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Stuart, J.

Action commenced and tried before a justice, and appealed. In the Circuit Court the plaintiff amended his cause of action. Demurrer sustained and judgment for the defendant for costs. We think the amended cause of action substantially good, no great exactness being required in suits before a justice. It is distinguished from Stackberger v. Mosteller, ante, p. 461, in that the plaintiff entered into possession. The demurrer should have been overruled.

Per Curiam.

The judgment is reversed with costs. Cause remanded, &c.

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Bluebook (online)

4 Ind. 614, 1853 Ind. LEXIS 244, Counsel Stack Legal Research, https://law.counselstack.com/opinion/foster-v-mabes-ind-1853.