Second National Bank v. Midland Steel Co.

Indiana Court of Appeals

Second National Bank v. Midland Steel Co.

55 N.E. 1039, 24 Ind. App. 1, 1900 Ind. App. LEXIS 166

CourtIndiana Court of Appeals

DecidedJanuary 23, 1900

DocketNo. 2,968

StatusPublished

This text of 55 N.E. 1039 (Second National Bank v. Midland Steel Co.) is published on Counsel Stack Legal Research, covering Indiana Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Second National Bank v. Midland Steel Co., 55 N.E. 1039, 24 Ind. App. 1, 1900 Ind. App. LEXIS 166 (Ind. Ct. App. 1900).

Pincite

Opinion

Per Curiam.

An appeal by the plaintiff in a cause

wherein a part of the relief sought by the plaintiff is the reformation of a promissory note on which the suit is founded; the only question on appeal relating to the action of the lower court in sustaining a demurrer to the complaint [2]*2is not within the jurisdiction of this court, reformation being a matter within the exclusive jurisdiction of a court of equity, involving a decree providing specific equitable relief. Therefore, this cause is transferred to the Supreme Court.

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Per Curiam.

An appeal by the plaintiff in a cause

wherein a part of the relief sought by the plaintiff is the reformation of a promissory note on which the suit is founded; the only question on appeal relating to the action of the lower court in sustaining a demurrer to the complaint [2]*2is not within the jurisdiction of this court, reformation being a matter within the exclusive jurisdiction of a court of equity, involving a decree providing specific equitable relief. Therefore, this cause is transferred to the Supreme Court.

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Bluebook (online)

55 N.E. 1039, 24 Ind. App. 1, 1900 Ind. App. LEXIS 166, Counsel Stack Legal Research, https://law.counselstack.com/opinion/second-national-bank-v-midland-steel-co-indctapp-1900.