Over v. Moss

Indiana Supreme Court

Over v. Moss

41 Ind. 463

CourtIndiana Supreme Court

DecidedNovember 15, 1872

StatusPublished

Cited by4 cases

This text of 41 Ind. 463 (Over v. Moss) 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

Over v. Moss, 41 Ind. 463 (Ind. 1872).

Pincite

Opinion

Downey,

J.—The only question in this case is, whether the defendant, in an action by a landlord or his grantee against his tenant holding over, commenced before a justice of the peace, appealed to the circuit court, and judgment [464]*464rendered there against the defendant, can have a new trial, as a matter of right, according to section 601, p. 283, 2 G. & H.

jf. D. Alexander, for appellant. M. Hanna, for appellee.

We are of the opinion that the section referred to does not apply to such cases, and that consequently a new trials as of right, cannot be had.

The judgment is affirmed, with costs.

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Downey,

J.—The only question in this case is, whether the defendant, in an action by a landlord or his grantee against his tenant holding over, commenced before a justice of the peace, appealed to the circuit court, and judgment [464]*464rendered there against the defendant, can have a new trial, as a matter of right, according to section 601, p. 283, 2 G. & H.

jf. D. Alexander, for appellant. M. Hanna, for appellee.

We are of the opinion that the section referred to does not apply to such cases, and that consequently a new trials as of right, cannot be had.

The judgment is affirmed, with costs.

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Bluebook (online)

41 Ind. 463, Counsel Stack Legal Research, https://law.counselstack.com/opinion/over-v-moss-ind-1872.

Opinion

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