Indiana Supreme Court, 1827

Jamison v. Buckner

Indiana Supreme Court · Decided May 18, 1827 · Scott

2 Blackf. 77; 1827 Ind. LEXIS 16

Cases that cite this one

2 later published cases cite this decision.

Tucker v. Tipton (Ind. 1838)
Catlett v. M'Dowell (Ind. 1838)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Scott, J.

On the general issue, in an action of assumpsit, the Court refused to hear evidence, on the part of the defendant^ of a failure of consideration. By pur statute, regulating the practice in suits at law, the defendant is aúthorised to allege the want or failure of consideration, by special plea. R. C. 1824, p. 295 (1). Prior to the statute, evidence of that fact could have been given on the general issue. The statute is cumulative, and does not take away the fight which existed prior to its enactment.

Per Curiam.

The judgment is reversed with costs.

Accord. R. C. 1831, p. 405.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.