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15 Ind. 447

Monday v. Utter

Indiana Supreme Court

Decided January 24, 1860

Indiana Supreme Court · decided 1860-01-24

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

Relies on Button v. Lent

Decided 1860-01-24

Per Guriam.

¶1The only point made is, that there was a trial without a replication to the answer of set-off and counterclaim.

¶2' The suit was instituted and the pleadings filed before a justice of the peace, where it is specially provided by the statute that a replication is not necessary. 2 R. S., § 37, p. 458; Button v. Lent, 10 Ind. 365; Perk. Pr. 98.

¶3The judgment is affirmed, with 5 per cent, damages and costs.

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