Garrison v. Cobb

Indiana Supreme Court

Garrison v. Cobb

6 N.E. 332, 106 Ind. 245, 1886 Ind. LEXIS 100

CourtIndiana Supreme Court

DecidedApril 17, 1886

DocketNo. 12,401

StatusPublished

This text of 6 N.E. 332 (Garrison v. Cobb) 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

Garrison v. Cobb, 6 N.E. 332, 106 Ind. 245, 1886 Ind. LEXIS 100 (Ind. 1886).

Pincite

Opinion

Elliott, J.

The complaint of the appellant seeks an injunction restraining the sale of land upon execution. It shows a judgment against the appellant, but avers that there was no consideration for the note upon which the judgment was founded, and that it was so adjudged in an action brought by the holders of the note against other parties. It is clear that no cause of action is stated. The judgment against the appellant concludes him from litigating, in a suit for injunction, the question of the consideration of the note upon which the judgment was founded.

Judgment affirmed.

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Elliott, J.

The complaint of the appellant seeks an injunction restraining the sale of land upon execution. It shows a judgment against the appellant, but avers that there was no consideration for the note upon which the judgment was founded, and that it was so adjudged in an action brought by the holders of the note against other parties. It is clear that no cause of action is stated. The judgment against the appellant concludes him from litigating, in a suit for injunction, the question of the consideration of the note upon which the judgment was founded.

Judgment affirmed.

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Bluebook (online)

6 N.E. 332, 106 Ind. 245, 1886 Ind. LEXIS 100, Counsel Stack Legal Research, https://law.counselstack.com/opinion/garrison-v-cobb-ind-1886.