39 IND 147 - Johnson v. Kilgore

How this case has been cited

Cited by 7 later decisions — most recently January 1908

7 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.

Downey, J.

¶1Complaint by the appellee against the appellant, as follows: “Joseph Kilgore complains of Jesse Johnson, defendant, and says-that .said defendant is indebted to him in the sum of six hundred dollars for work done and labor performed and materials furnished, a bill of particulars of which is filed herewith. Wherefore plaintiff demands judgment for seven hundred dollars and other proper relief.” It has the proper caption, is signed by counsel, and accompanied with a bill of particulars.

¶2The only question presented to this court is as to the sufficiency of the complaint. It is objected that it is bad, because it does not aver that the debt is due and unpaid. Both of these, we presume, are embraced in the allegation that “ the defendant is indebted to the plaintiff.” The complaint is substantially according to the form published in the statute, 2 G. & H. 376, No. 11, and these-forms are expressly declared to be sufficient. 2 G. & H. 373, sec. 1.

y. Brownlee and H. Brownlee, for appellant.I. Van Devanter and y F. McDowell, for appellee.

¶3The judgment is affirmed, with ten per cent, damages and costs.