Hoot v. Spade
Cases that cite this one
11 later published cases cite this decision.
- Record v. Ketcham (Ind. 1881)
- Blankenship v. Lanier (Ala. 1924)
- Hanlon v. Conrad-Kammerer Glue Co. (Ind. Ct. App. 1913)
- Equitable Trust Co. v. Milligan (Ind. Ct. App. 1903)
- Levy v. Chittenden (Ind. 1889)
- American Cannel Coal Co. v. Seitz (Ind. 1885)
- Moorehead v. Davis (Ind. 1883)
- Merrill v. City of St. Louis (Mo. Ct. App. 1882)
- Mooney v. Burchard (Ind. 1882)
- First National Bank of Cambridge City v. Colter (Ind. 1878)
- Burr v. Mendenhall (Ind. 1875)
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
Suit to foreclose a mortgage. Judgment for the defendant.
The following established legal propositions dispose of the' questions arising in the cause.
1. Where there is a failure of title to a part of a tract of land purchased and taken possession of, and there is’ not a rescission of the contract on that account, the measure of damages on eviction from such part, in the absence of special circumstances, is a sum bearing the same proportion to the price ofTFe whole that such part bears to the entire tract of land. Philips v. Reichert, 17 Ind. 120; Dodds v. Toner, 3 Ind. 427.
2. After the jury has been sworn and a part of the evidence heard, it is too late for either party to amend by adding a new cause of action or defence, to be examined in the pending trial. Miles v. Vanhorn, 17 Ind. 245; The Danville, &c. v. The State, 16 id. 456.
3. Where the issues are altered after the jury is sworn, the jury must be re-sworn before hearing the cause. Kerschbaugher v. Slusser, 12 Ind. 453.
The judgment is reversed, with costs. Cause remanded, with leave to amend, &c.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.