Brown v. Thompson, No. 6,616.

Docket NºNo. 6,616.
Citation90 N.E. 631, 45 Ind.App. 188
Case DateJanuary 25, 1910
CourtCourt of Appeals of Indiana

45 Ind.App. 188
90 N.E. 631

BROWN
v.
THOMPSON.

No. 6,616.

Appellate Court of Indiana, Division No. 1.

Jan. 25, 1910.


Appeal from Circuit Court, Fountain County; I. E. Schoonover, Judge.

Action by Millard F. Thompson against Toney Brown. From a judgment for plaintiff in the circuit court on appeal from a justice of the peace, defendant appeals. Affirmed.


McCabe & McCabe, for appellant. Charles R. Milford, for appellee.

MYERS, C. J.

Appellee commenced this action against appellant before a justice of the peace to recover possession of a certain room of a certain building, and for damages. From the judgment of the justice an appeal was taken to the circuit court. Trial by the court; special finding of facts made; conclusions of law and judgment in favor of appellee. Error is assigned on the action of the circuit court in overruling appellant's demurrer for want of facts to the complaint, and that the court erred in its conclusions of law.

It appears from the complaint that on May 19, 1906, one Margaret Smith was the owner of certain real estate in the city of Attica on which was located a hotel known as the “Revere House”; that she rented the south corner room of said hotel building to the appellant for a period of two years beginning July 1, 1906, and ending on July 1, 1908, for an agreed rental of $30 per month, payable monthly in advance; that the appellant took possession of said room on July 1, 1906, “and has held possession of same ever since that date and now is in possession thereof under said lease”; that appellant failed and neglected to pay rent for the months due March 1 and April 1, 1907; “that the defendant unlawfully holds possession of said premises and retains the same from the plaintiff;” that on February 9, 1907, the said Smith leased to plaintiff (appellee) said “Revere House,” which is a hotel building, including the said south corner room leased to defendant by her, by a written lease; that under said lease the plaintiff took possession of said building, including the premises occupied by defendant, which defendant knew prior to March 1, 1907;” that by defendant's unlawful detention plaintiff is damaged in the sum of $50 wherefore plaintiff demands judgment,” etc.

Formality is not required in stating a cause of action before a justice of the peace. It is sufficient “if the complaint contains sufficient substance to apprise the adverse party of the nature of the demand, and to bar another action for the same thing,” even as

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8 practice notes
  • Evans v. Cheyenne Cement, Stone & Brick Company, 673
    • United States
    • United States State Supreme Court of Wyoming
    • March 24, 1913
    ...courts are to be construed liberally. (Hudson Coal Co. v. Hauf, 109 P. 21; Everett v. Irwin, (Ind.) 94 N.E. 352; Brown v. Thompson, (Ind.) 90 N.E. 631; Costello v. Ten Eyck, (Mich.) 49 N.W. 153; 22 Ency. Pl. & Pr. 1365.) By filing an answer the defendant was estopped to deny that he did not......
  • Garber v. Spray, 885
    • United States
    • United States State Supreme Court of Wyoming
    • May 7, 1917
    ...Boefer v. Sheridan, 42 Mo.App. 226; Twine v. Kilgore (Okla.), 39 P. 388; Galbraith v. McCormick, 23 Kan. 706; Brown v. Thompson (Ind.), 90 N.E. 631; Clifford v. Meyer (Ind.), 34 N.E. 23; Gittings v. Baker, 2 Ohio St. 26; Stull v. Wilcox, 2 Ohio St. 572. Every reasonable presumption and inte......
  • Glaser v. Jones, No. 9628.
    • United States
    • Indiana Court of Appeals of Indiana
    • June 27, 1918
    ...sufficient even as against a demurrer. Helms v. Appleton (1908) 43 Ind. App. 482, 85 N. E. 733, 86 N. E. 1023;Brown v. Thompson (1909) 45 Ind. App. 188, 90 N. E. 631;Everett v. Irwin (1910) 47 Ind. App. 263, 94 N. E. 352;Gregory v. Redd (1913) 53 Ind. App. 629, 102 N. E. 140. The complaint ......
  • Witty v. State, No. 21,480.
    • United States
    • Indiana Supreme Court of Indiana
    • January 27, 1910
    ...or applied internally or externally, nor was any form of surgery resorted to in the treating of diseases, and therefore it was [90 N.E. 631]claimed that he did not come within the provisions of the statute. The court, however, in that appeal held that the term “medicine,” as used in the sta......
  • Request a trial to view additional results
10 cases
  • Evans v. Cheyenne Cement, Stone & Brick Company, 673
    • United States
    • United States State Supreme Court of Wyoming
    • March 24, 1913
    ...courts are to be construed liberally. (Hudson Coal Co. v. Hauf, 109 P. 21; Everett v. Irwin, (Ind.) 94 N.E. 352; Brown v. Thompson, (Ind.) 90 N.E. 631; Costello v. Ten Eyck, (Mich.) 49 N.W. 153; 22 Ency. Pl. & Pr. 1365.) By filing an answer the defendant was estopped to deny that he did not......
  • Garber v. Spray, 885
    • United States
    • United States State Supreme Court of Wyoming
    • May 7, 1917
    ...Boefer v. Sheridan, 42 Mo.App. 226; Twine v. Kilgore (Okla.), 39 P. 388; Galbraith v. McCormick, 23 Kan. 706; Brown v. Thompson (Ind.), 90 N.E. 631; Clifford v. Meyer (Ind.), 34 N.E. 23; Gittings v. Baker, 2 Ohio St. 26; Stull v. Wilcox, 2 Ohio St. 572. Every reasonable presumption and inte......
  • Glaser v. Jones, No. 9628.
    • United States
    • Indiana Court of Appeals of Indiana
    • June 27, 1918
    ...sufficient even as against a demurrer. Helms v. Appleton (1908) 43 Ind. App. 482, 85 N. E. 733, 86 N. E. 1023;Brown v. Thompson (1909) 45 Ind. App. 188, 90 N. E. 631;Everett v. Irwin (1910) 47 Ind. App. 263, 94 N. E. 352;Gregory v. Redd (1913) 53 Ind. App. 629, 102 N. E. 140. The complaint ......
  • Witty v. State, No. 21,480.
    • United States
    • Indiana Supreme Court of Indiana
    • January 27, 1910
    ...or applied internally or externally, nor was any form of surgery resorted to in the treating of diseases, and therefore it was [90 N.E. 631]claimed that he did not come within the provisions of the statute. The court, however, in that appeal held that the term “medicine,” as used in the sta......
  • Request a trial to view additional results

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