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11 Ind. 509

Roedel v. Kalb

Indiana Supreme Court

Decided January 12, 1859

Indiana Supreme Court · decided 1859-01-12

<p>APPEAL from the Miami Court of Common Pleas.</p>

Cited by 1 later decisions — most recently January 1899

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1859-01-12

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Per Curiam.

¶1Suit on promissory notes. Answer—

¶21. In general denial.

¶32. Payment in full.

¶43. Payment in full.

¶54. Payment of 100 dollars..

¶65. Payment of 250 dollars.

¶7Reply—

¶81. Issue on the first paragraph of the answer.

¶9■ 2. General denial to the second,

¶103. Demurrer to the third, fourth, and fifth.

¶11The demurrer was sustained.

¶12Trial of the issues. Judgment for plaintiff. Motion for a new trial overruled. The evidence is not in the record.

¶13The third paragraph of the answer should have been set aside, on motion, as it was but a repetition of the second paragraph. A demurrer was not the proper mode of objecting to it, but the informality is of no consequence.

¶14The demurrer was well taken to the fourth and fifth paragraphs, as they purported to answer the whole cause of action, and went to but a part of it. The sum sued for was 600 dollars. Hence, they did not state facts sufficient to bar the suit.

¶15The judgment is affirmed, with 10 per cent, damages and costs.

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