Linder v. Smith
Cases that cite this one
6 later published cases cite this decision.
- Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co. v. Lamm (Ind. Ct. App. 1916)
- Sebienske v. Downey (Ind. Ct. App. 1911)
- Harvey v. Hand (Ind. Ct. App. 1911)
- Evansville & Princeton Traction Co. v. Broermann (Ind. Ct. App. 1907)
- Chicago & South Eastern Railway Co. v. Woodard (Ind. 1902)
- Fuller v. Cox (Ind. 1893)
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
This was an action in the Madison Circuit Court to recover a personal judgment for material furnished
Coupled with the allegations necessary to the recovery of a personal judgment were allegations seeking to foreclose a mechanic’s lien.
The court overruled a demurrer to the complaint, and this ruling is the only one discussed by counsel in their briefs.
The court did not err in this ruling.
Independent of the right to a mechanic’s lien the complaint was good as an action for a personal judgment. If a plaintiff is entitled to any substantial relief on the facts stated in his complaint, a demurrer thereto should be overruled. Howe v. Dibble, 45 Ind. 120.
Judgment affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.