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119 Ind. 212

Smith v. Heller

Indiana Supreme Court

Decided May 29, 1889

Indiana Supreme Court · decided 1889-05-29

<p>Pleading. — Action Originating Before Justice of Peace. — Complaint.—Motion in Arrest. — A complaint, in an action originating before a justice of the peace, which avers that the defendant “ justly owes the plaintiff sixty-three and 21-100 dollars, and that the payment of the said sum has been unreasonably delayed, and that there is the further sum of eleven and 26-100 dollars as interest on the same,” is good on a motion in arrest of judgment in the circuit court.</p> <p>Instructions to Jury. — Supreme Court. — Practice.—Where the record contains neither the evidence nor a statement of its character and tendency, questions made upon rulings on instructions will not be considered.</p> <p>Verdict. — Answers to Interrogatories. — When Controlling. — It is only when the uncontradieted and consistent answers of the jury to interrogatories entitle a party to a judgment that they will prevail against the'general verdict.</p>

Key passage — most relied on by later courts

““ It is doubtful whether if the action had been commenced in the circuit court the complaint would not have been good after verdict, and, as the action was commenced before a justice of the peace, there is certainly no doubt that the complaint is sufficient.””

quoted by 1 later decision, including Milhollin v. Fuller

Relies on Redelsheimer v. Miller · Cincinnati, Hamilton & Indianapolis Railroad v. Clifford · Fort Wayne, Cincinnati & Louisville Railway Co. v. Beyerle

Good law ✅— No negative treatment on recordhow we know

Decided 1889-05-29

How this case has been cited

Cited by 13 later decisions — most recently May 1929

13 state decisions

10018891890190019101920decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Elliott, C. J. —

¶1This action originated before a justice of the peace and was carried by appeal to the circuit court.

¶2The complaint avers, among other things, that the defendant “justly owes the plaintiffs the sum of sixty-three and dollars, and that the payment of the said sum has been unreasonably delayed, and that there is the further sum of eleven and dollars as interest on the same.” The motion in arrest made by the defendant was properly overruled. It is doubtful whether if the action had been commenced in the circuit court the complaint would not have been good after verdict, and, as the action was commenced before a justice of the peace, there is certainly no doubt that the complaint is sufficient.

¶3The evidence is not in the record, nor is there any state*213ment of its character and tendency, and we can not, therefore, examine the questions made upon the rulings on the instructions. The rule on this subject is too well settled to require the citation of authorities.

Filed May 29, 1889.

¶4The answers of the jury are contradictory, and while some of the answers are favorable to the appellant, others are directly against him. It is only where the uncontradicted and consistent answers entitle a party to a judgment that they will prevail against the general verdict. All reasonable intendments will be made in favor of the general verdict, and none in favor of the answers to special interrogatories. Grand Rapids, etc., R. R. Co. v. McAnnally, 98 Ind. 412; Redelsheimer v. Miller, 107 Ind. 485; Rice v. Mamford, 110 Ind. 596; Fort Wayne, etc., R. W. Co. v. Beyerle, 110 Ind. 100; Cincinnati, etc., R. R. Co. v. Clifford, 113 Ind. 460.

¶5Judgment affirmed.

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