Indiana Supreme Court, 1868

Griffin v. Cox

Griffin v. Cox
Indiana Supreme Court · Decided November 15, 1868 · Erazer
30 Ind. 242
Griffin v. Cox

Cases that cite this one

3 later published cases cite this decision.

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Opinion of the Court

Erazer, J.~

This case originated before a justice of tbe peace. Tbe complaint filed was a promissory note against the appellants, indorsed by-the payee, whereby they promised to pay him “one hundred & ■£?$.” The first question is, whether this was sufficient as a complaint. "We find no difficulty in solving this inquiry by an affirmative decision. The utmost liberality must, for the purposes of justice, be tolerated iu the pleadings before a magistrate’s court, else every good purpose intended by the creation of that tribunal will be defeated.

A set-oif in favor of one of the makers of the note was pleaded by him, both makers being principals. It was plainly right to sustain a demurrer to it.

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

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