Hiatt v. Goblt

Decided May 15, 1862

Indiana Supreme Court · decided 1862-05-15

<p>In an action upon mortgage and notes, they should both be set out in, and made parts of, the complaint, either by filing the originals, or by copies, and merely filing them with the complaint, without any reference to them in it, is not sufficient.</p>

Good law ✅— No negative treatment on recordhow we know

Decided 1862-05-15

How this case has been cited

Cited by 9 later decisions — most recently February 1908

8 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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Per Curiam.

¶1In this suit, to foreclose a mortgage, copies of the mortgage and notes were not made parts of the complaint, and thus identified, either by being copied into the complaint, or by reference in the complaint to copies or originals filed with it, although a mortgage and notes were filed' with the complaint. Nor was a copy of either one of them filed, or referred to in the complaint. The complaint was bad.

M. L. Bundy, Smith § Smith, and Thos. A. Hendricks, for the appellants.J. H. Mellett, and Martindale &¡ Grubbs, for the appellees.

¶2The judgment is reversed, with costs. Cause remanded for a new trial, with leave to amend. See 2 G. & H. p. 375.