Gorrell v. Snow

Indiana Supreme Court

Gorrell v. Snow

31 Ind. 215

CourtIndiana Supreme Court

DecidedMay 15, 1869

StatusPublished

Cited by4 cases

This text of 31 Ind. 215 (Gorrell v. Snow) 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

Gorrell v. Snow, 31 Ind. 215 (Ind. 1869).

Pincite

Opinion

Erazeb, J.

The only question before us is, did the court below err in overruling a demurrer to the second paragraph of the complaint? The action was for malicious prosecution, and that paragraph failed to aver that the prosecution claimed to have been malicious had terminated in the plaintiff’s acquittal or discharge. For this omission the appellant insists that the paragraph was had. So are the authorities. 1 Chit. PI. 679; Whitworth v. Hall, 2 B. & Ad. 695.

Reversed and í-emánded, with direction to sustain the demurx’er.

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Erazeb, J.

The only question before us is, did the court below err in overruling a demurrer to the second paragraph of the complaint? The action was for malicious prosecution, and that paragraph failed to aver that the prosecution claimed to have been malicious had terminated in the plaintiff’s acquittal or discharge. For this omission the appellant insists that the paragraph was had. So are the authorities. 1 Chit. PI. 679; Whitworth v. Hall, 2 B. & Ad. 695.

Reversed and í-emánded, with direction to sustain the demurx’er.

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Bluebook (online)

31 Ind. 215, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gorrell-v-snow-ind-1869.

Opinion

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