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7 Ind. 610

Ferguson v. Harrison

Indiana Supreme Court

Decided June 13, 1856

Indiana Supreme Court · decided 1856-06-13

<p>APPEAL, from the Morgan Court of Common Pleas.</p>

Cited by 2 later decisions — most recently October 1912

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1856-06-13

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Per Curiam.

¶1Harrison, executor of Stafford, sued Ferguson and wife for the value of certain personal property alleged to have been converted to her own use by Fawny Ferguson, as the widow of Stafford.

¶2The pleadings resulted in issues of fact, which were tried by the Court. Finding and judgment for Harrison. Ferguson and wife appeal from the decision of the Court in overruling their motion for a new trial, and set out the evidence.

¶3The questions of fact turned entirely on the amount of personal property which the husband, Ferguson, received with his wife. 1 R. S., p. 320, s. 1. The Court below, sitting as a jury, having determined those questions, it is the established rule of this Court not to disturb the result. There is nothing in this case to bring it within any of the recognized exceptions.

¶4The only apology for such repeated decisions of this point, is, that the constitution requires every question decided to be stated in writing; 1 R. S., p. 59; and the stat*611ute requires the reporter to cause all the decisions of the Supreme Court to be printed and published. Hence so many trifling questions and so much repetition.

C. C. Nave, for the appellants.W. R. Harrison, for the appellee.

¶5The judgment is affirmed, with 1 per cent, damages and costs.

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