State ex rel. Rittenour v. Campbell
8 Blackf. 138, 1846 Ind. LEXIS 75
This text of 8 Blackf. 138 (State ex rel. Rittenour v. Campbell) 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
State ex rel. Rittenour v. Campbell, 8 Blackf. 138, 1846 Ind. LEXIS 75 (Ind. 1846).
Opinion
A PLEA cannot traverse what is not alleged in the declaration.
In debt on bond conditioned for the performance of duties, &c., where breaches are not assigned in the declaration, the usual course is for the defendant to set out the condition of the bond on oyer, and plead performance generally, and for the plaintiff to assign breaches in the replication (1).
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Related
Hunt v. Francis
5 Ind. 302 (Indiana Supreme Court, 1854)
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Bluebook (online)
8 Blackf. 138, 1846 Ind. LEXIS 75, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-rittenour-v-campbell-ind-1846.