McMullen v. Furnoss

Indiana Supreme Court

McMullen v. Furnoss

1 Smith & H. 73

DecidedMay 15, 1848

StatusPublished

This text of 1 Smith & H. 73 (McMullen v. Furnoss) 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

McMullen v. Furnoss, 1 Smith & H. 73 (Ind. 1848).

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Opinion

Blackford, J.

— « As the statute enacts that the bill shall state “ whether any and what proceedings have been had at law for the recovery of the debt,” the omission of such statement in the present bill is fatal. R. S. p. 461.

If no proceedings had been had at law for the recovery of the mortgage-debt, the bill should have so stated; and if there had been any proceedings at law on the subject, the bill should have shown what they were.”

Decree reversed, &c.

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Blackford, J.

— « As the statute enacts that the bill shall state “ whether any and what proceedings have been had at law for the recovery of the debt,” the omission of such statement in the present bill is fatal. R. S. p. 461.

If no proceedings had been had at law for the recovery of the mortgage-debt, the bill should have so stated; and if there had been any proceedings at law on the subject, the bill should have shown what they were.”

Decree reversed, &c.

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Bluebook (online)

1 Smith & H. 73, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcmullen-v-furnoss-ind-1848.