Indiana Supreme Court, 1840

Moberly v. Davar

Moberly v. Davar
Indiana Supreme Court · Decided November 25, 1840
5 Blackf. 409; 1840 Ind. LEXIS 93
Moberly v. Davar

Cases that cite this one

2 later published cases cite this decision.

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Opinion of the Court

THE transcript of a justice’s judgment in this case, as shown on appeal to the Circuit Court, commenced as follows: “ Jesse Davar, assignee of Thomas Grimes, v. William Moberly. Debt on note for 24 dollars; interest 5 dollars and 55 cents.” Held, that the transcript showed, with sufficient certainty, what was the cause of action.

When a new trial is granted on the payment 'of costs, the right to the new trial is forfeited if the costs be not paid.

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