Barnard v. Peck

• Decision Date: 28 May 1861
• Citation: 16 Ind. 81
• Parties: Barnard and Others v. Peck
• Court: Indiana Supreme Court

16 Ind. 81

Barnard and Others v. Peck

Supreme Court of Indiana

May 28, 1861

APPEAL from the Putnam Circuit Court.

The judgment is affirmed, with 5 per cent. damages and costs.

J. P. Usher, for the appellants.

Williamson and Daggy, for the appellee.

OPINION

Per Curiam.

Suit on note, and to reform and foreclose a mortgage.

The only questions presented by the brief of the appellants are, that the Court erred in overruling a demurrer to the complaint, and in refusing to dismiss for want of jurisdiction.

As to the first point, the note and mortgage were filed with the complaint and sufficiently referred to therein. Ellis v. Miller, 9 Ind. 210.

As to the second, it is settled in Toner v. Mitchell, 13 Ind. 530.

The judgment is affirmed, with 5 per cent. damages and costs.