19 Ind. 258
Decided November 15, 1862
Indiana Supreme Court · decided 1862-11-15
<p>Where the judgment of a court is the foundation of an action, or defense, the record of such judgment, or a transcript thereof, must be made a part of the complaint.</p> <p>The defense of former recovery can not be given in evidence under the general issue.</p>
Cited by 1 later decisions — most recently April 1891
1 state decisions
Good law ✅— No negative treatment on recordhow we know
Decided 1862-11-15
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¶1It is the settled rule of pleading, in this state, that where a party makes the judgment of a court the foundation of his action or defense, he must make the record of such judgment, or a transcript of it, a part of the pleading setting it up, as in case of written instruments.
¶2Former recovery can not be given in evidence under the general denial.
¶3The judgment is reversed, with costs. Cause remanded for another trial.