Public-domain · open source
OpenJurist

10 Ind. 378

Johnston v. Pitcher

Indiana Supreme Court

Decided June 3, 1858

Indiana Supreme Court · decided 1858-06-03

<p>APPEAL from the Decatu/r Circuit Court.</p>

Cited by 6 later decisions — most recently October 1889

6 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1858-06-03

View the full empirical analysis of this case →

Per Curiam.

¶1Suit upon the judgment of a justice of the peace.

¶2Answer, the statute of limitations, of six years. Demurrer to the answer overruled. Judgment for the defendant.

J. S. Scobey and A. Brower, for the appellant.J. Gavin and O. B. Hord, for the appellee.

¶3The appellant relies on the eases of Reddington v. Julian et al., 2 Ind. R. 224, and Barker v. Adams, 4 id. 574.

¶4The cases are not applicable. They were suits upon judgments in Courts of record, other than those of justices of the peace, and were governed by a different section of the statute, viz., § 121, p. 689, R. S. 1843. See Stipp v. Brown, 2 Ind. R. 647.

¶5The case at bar is governed by § 101, p. 686, of the same statutes; and by that section, suits on justices’ judgments must be brought within six years.

¶6The judgment is affirmed with costs.

/10/ind/378 · .json · Public domain