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17 Ind. 282

Lucas v. Dangerfield

Indiana Supreme Court

Decided December 6, 1861

Indiana Supreme Court · decided 1861-12-06

<p>APPEAL from the Miami Common Pleas-</p>

Cited by 1 later decisions — most recently December 1938

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1861-12-06

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Worden, J.

¶1Lucas sued the appellees before a justice of the peace, in an action of replevin for certain wheat. Appeal to the Common Pleas, where there was a trial by jury; verdict and judgment for the defendants, a new trial being refused.

¶2*283On the trial, the plaintiff, to prove title in himself, offered in evidence a judgment recovered before a justice of the peace by one John A. Beal, against Dangeifield and Hahns, and an execution issued upon the judgment, and the constable’s return thereon; by which it appears that the constable levied upon certain wheat as the property of Dangerfield, and sold the same to the plaintiff.

¶3This evidence was rejected, but on what ground does not appear. We do not perceive, any valid objection to the evidence offered, and none has been pointed out to us. We think the evidence was pertinent and relevant, and that it should have been admitted.

¶4Per Ouriam. — The judgment below is reversed, with costs.

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