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31 Ind. 239

Epply v. Mowrer

Indiana Supreme Court

Decided May 15, 1869

Indiana Supreme Court · decided 1869-05-15

<p>APPEAL from the Decatur Common Pleas.</p>

Decided 1869-05-15

Ray, J.

¶1The appellant brought suit upon a judgment rendered in the Decatur Circuit Court on the 24th day of April, 1855. An answer was filed which alleged, that the plaintiff in the judgment had, under proceedings supplementary to execution, obtained an order that the defendant therein should deliver to him a certain note for one hundred dollars, “which said note the said plaintiff is to x’eceipt for, collect, and credit oxi his judgment.” Ko averment is made that the note had been collected, but a credit is demanded for one hundx’ed dollars.

¶2A demurrer to .this answer was sustained to the complaint.

¶3The judgment is reversed, and the demurrer directed to be sustained to the answer’. Costs for appellant.

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