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2 Ind. 123

Flagg v. Winans

Indiana Supreme Court

Decided May 15, 1850

Indiana Supreme Court · decided 1850-05-15

Good law ✅— No negative treatment on recordhow we know

Decided 1850-05-15

How this case has been cited

Cited by 8 later decisions — most recently May 1942

8 state decisions

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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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¶1WINANS sued Flagg, administrator of Blossom, for a debt due from the estate of the intestate. Plea — the general issue. Verdict for the plaintiff. Judgment against the defendant de bonis propriis.

¶2This judgment, some years after its rendition, was revived by scire facias.

¶3The judgment on the verdict should have been, not against the defendant individually, but against the intestate’s estate.

¶4The judgment of revivor is reversed, and all the proceedings subsequent to the original judgment on the verdict, exclusive of the last named judgment, set aside. Cause remanded, with directions to the Probate Court to amend the said original judgment so as to make it a judgment against the estate of the intestate. Costs here.

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