Shaw v. Gallagher

Indiana Supreme Court

Shaw v. Gallagher

8 Ind. 252

DecidedDecember 1, 1856

StatusPublished

This text of 8 Ind. 252 (Shaw v. Gallagher) 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

Shaw v. Gallagher, 8 Ind. 252 (Ind. 1856).

Pincite

Opinion

Per Curiam.

The judgment in this ease is- reversed, and the cause remanded to be dismissed, for want of jurisdiction. Fisher v. Prewitt, 7 Ind. R. 519, is in point.

A proceeding in court by confession of judgment, is for the enforcement of a private right, and is, consequently, by virtue of section 1, p. 27, 2 R. S., an action in the courts of Indiana. The courts in this State have, by statute, jurisdiction in all actions, suits, and cases,— terms used in the statutes synonymously, or nearly so. If there is some proceeding, not embraced by those terms, by what statute has any court jurisdiction of it?

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Per Curiam.

The judgment in this ease is- reversed, and the cause remanded to be dismissed, for want of jurisdiction. Fisher v. Prewitt, 7 Ind. R. 519, is in point.

A proceeding in court by confession of judgment, is for the enforcement of a private right, and is, consequently, by virtue of section 1, p. 27, 2 R. S., an action in the courts of Indiana. The courts in this State have, by statute, jurisdiction in all actions, suits, and cases,— terms used in the statutes synonymously, or nearly so. If there is some proceeding, not embraced by those terms, by what statute has any court jurisdiction of it?

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Bluebook (online)

8 Ind. 252, Counsel Stack Legal Research, https://law.counselstack.com/opinion/shaw-v-gallagher-ind-1856.