Reed v. Makemson

Indiana Supreme Court

Reed v. Makemson

51 Ind. 56

DecidedNovember 15, 1875

StatusPublished

This text of 51 Ind. 56 (Reed v. Makemson) 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

Reed v. Makemson, 51 Ind. 56 (Ind. 1875).

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Opinion

Worden, J.

Complaint by the appellee against the appellant to foreclose a mortgage. Judgment by default. .

It is assigned for error that the complaint does not state facts sufficient to constitute a cause of action. There is nothing in this assignment of error, as the complaint is clearly good.

It is also claimed by the appellant that the judgment was for thirty-eight dollars and eighty-seven cents too much.

This is admitted by the counsel for the appellee, and they have filed a remittitur for the excess.

The residue of the judgment, one thousand four hundred dollars, is affirmed, at the costs of the appellee.

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Worden, J.

Complaint by the appellee against the appellant to foreclose a mortgage. Judgment by default. .

It is assigned for error that the complaint does not state facts sufficient to constitute a cause of action. There is nothing in this assignment of error, as the complaint is clearly good.

It is also claimed by the appellant that the judgment was for thirty-eight dollars and eighty-seven cents too much.

This is admitted by the counsel for the appellee, and they have filed a remittitur for the excess.

The residue of the judgment, one thousand four hundred dollars, is affirmed, at the costs of the appellee.

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Bluebook (online)

51 Ind. 56, Counsel Stack Legal Research, https://law.counselstack.com/opinion/reed-v-makemson-ind-1875.