Indiana Supreme Court, 1859

Snodgrass v. Smith

Snodgrass v. Smith
Indiana Supreme Court · Decided November 15, 1859
13 Ind. 393
Snodgrass v. Smith

Cases that cite this one

3 later published cases cite this decision.

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Opinion of the Court

__ Per Curiam.

This case falls, perhaps, within those of Lindley v. Dakin, at this term (1), and Allen v. Lee, 1 Ind. R. 58, as modified and explained by Medler v. Hiatt, 8 id. 171. But if not, an award barred.

J. S. Reid and J. F, Gardner, for the appellant. J. Yaryan, for the appellee.

The submission to arbitration of the question of damages for an admitted incumbrance upon' property sold as free of incumbrance, is not within the prohibition of § 2, 2 R. S. p. 228.

A prior suit pending for a set-off, would prevent its being pleaded to a subsequent. Rankin v. Halpin, 4 Ind. R. 585.

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

Ante, 388.

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