Seivers v. McCall
This text of 1 Ind. 393 (Seivers v. McCall) 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.
Opinion
ASSUMPSIT for work and labor, and money paid. Pleas, first, non-assumpsit; secondly, payment and set-off. Similiter to the first plea, but no answer to the second. Cause submitted to the Court and final judgment for the plaintiff.
On the next day after the tidal and judgment as above stated, the Court permitted the plaintiff to file a replication in denial of the second plea.
The trial of the cause, without any answer to the second plea, was erroneous. Swan v. Rary, 2 Blackf. 291.—Huston v. McPherson, November term, 1847
The judgment is reversed with costs. Cause remanded, with leave to reply to the second plea.
See 8 Blackf. 562.
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1 Ind. 393, Counsel Stack Legal Research, https://law.counselstack.com/opinion/seivers-v-mccall-ind-1849.