Public-domain · open source
OpenJurist

9 Ind. App. 458

Jones v. Hall

Indiana Court of Appeals

Decided December 14, 1893

Indiana Court of Appeals · decided 1893-12-14

<p>Special Finding. — Bequest for. — When Sufficiently Appears. — A special finding must appear to have been requested by one or both the parties, in order that it may be regarded as, and have the legal effect of, a special finding. And where it appears from the finding that “The court, having been requested to find the facts specially, makes the following finding of facts in this cause and conclusions of law thereon,” it sufficiently appears that the findings were requested by one or both of the parties to the action.</p> <p>Mechanic’s Lien. — Special Binding. — Sale of Material for a Specific Purpose.- — Becovery.—Where the special findings in amechanic’s lien case simply show that the materials were purchased for, and used in, the building, it does not necessarily follow that they were sold to be used for that purpose, and without a finding of such á sale, there can be no recovery.</p> <p>Opinion on petition for rehearing by Gavin, J.</p>

Good law ✅— No negative treatment on recordhow we know

Decided 1893-12-14

How this case has been cited

Cited by 11 later decisions — most recently December 1954

11 state decisions

501893190019101920193019401950decided

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.

View the full empirical analysis of this case →

¶1On Petition for a Rehearing.

Gavin, J.

¶2Appellant asks that the court determine the sufficiency of his second paragraph of answer.

¶3An essential averment in that answer was that appellant had paid either to McFann or Hall all that was due on the house. The special finding expressly declares this averment to be unfounded in fact. The answer being thus shown to be without support, we deemed it unnecessary to determine its sufficiency, and now see no reason to change our views upon that proposition.

¶4Petition overruled.

/9/indapp/458 · .json · Public domain