Snodgrass v. Smith

Indiana Supreme Court

Decided November 15, 1859

Indiana Supreme Court · decided 1859-11-15

<p>APPEAL from the Union Circuit Court.</p>

Cited by 3 later decisions — most recently February 1917

3 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1859-11-15

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__ Per Curiam.

¶1This case falls, perhaps, within those of Lindley v. Dakin, at this term (1), and Allen v. Lee, 1 Ind. R. 58, as modified and explained by Medler v. Hiatt, 8 id. 171. But if not, an award barred.

J. S. Reid and J. F, Gardner, for the appellant.J. Yaryan, for the appellee.

¶2The submission to arbitration of the question of damages for an admitted incumbrance upon' property sold as free of incumbrance, is not within the prohibition of § 2, 2 R. S. p. 228.

¶3A prior suit pending for a set-off, would prevent its being pleaded to a subsequent. Rankin v. Halpin, 4 Ind. R. 585.

¶4The judgment is affirmed with 1 per cent, damages and costs.

¶5Ante, 388.