Pomeroy v. Beach

Indiana Supreme Court

Decided February 17, 1898

Indiana Supreme Court · decided 1898-02-17

<p>From the Porter Superior Court.</p>

Good law ✅— No negative treatment on recordhow we know

Reversed · Decided 1898-02-17

How this case has been cited

Cited by 71 later decisions — most recently March 2015 · most notably Parks v. State (1902), Union National Bank v. Finley (1913)

6 federal appellate · 44 state decisions

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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¶1Dissenting Opinion.

Hackney, J.

¶2I am not prepared to concur in the construction of the amendatory act of 1897 which my associate declares. On the contrary, in my opinion, it was the intention of the amendatory act to eliminate from the amended sections the necessity, in sustaining garnishment, that some ground of attachment be alleged and established. In this view of the amendatory act, the constitutional validity of that act would arise, but, since this view is not adopted by a majority of the court, it is proper that the constitutional-questions should not be passed upon.