Linder v. Smith
| Decision Date | 08 April 1892 |
| Docket Number | 15,769 |
| Citation | Linder v. Smith, 131 Ind. 147, 30 N. E. 1073 (Ind. 1892) |
| Parties | Linder v. Smith |
| Court | Indiana Supreme Court |
From the Madison Circuit Court.
Judgment affirmed.
W. A. Kittinger and L. M. Schwinn, for appellant.
J. W. Lovett and S. M. Keltner, for appellee.
This was an action in the Madison Circuit Court to recover a personal judgment for material furnished and work and labor done and performed in the construction of a cistern.
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.
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Harvey v. Hand
... ... supported by authority. Shepardson v ... Gillett (1892), 133 Ind. 125, 31 N.E. 788; ... Linder v. Smith (1892), 131 Ind. 147, 30 ... N.E. 1073; Gowdy Gas Well, etc., Co. v ... Patterson (1902), 29 Ind.App. 261 ... The ... ...
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The Pittsburgh, Cincinnati, Chicago and St. Louis Railway Company v. Lamm
... ... 214, 93 N.E. 1050; ... United States Sav., etc., Co. v. Harris ... (1895), 142 Ind. 226, 40 N.E. 1072, 41 N.E. 451; ... Linder v. Smith (1892), 131 Ind. 147, 30 ... N.E. 1073; Jessup v. Jessup (1893), 7 ... Ind.App. 573, 34 N.E. 1017 ... An ... unusual ... ...
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Pittsburgh, C., C. & St. L. Ry. Co. v. Lamm
...v. Downey, 47 Ind. App. 214, 93 N. E. 1050;United States, etc., Co. v. Harris, 142 Ind. 226, 40 N. E. 1072, 41 N. E. 451;Linder v. Smith, 131 Ind. 147, 30 N. E. 1073;Jessup v. Jessup, 7 Ind. App. 573, 34 N. E. 1017. An unusual number of questions are presentedby appellant under the error as......
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... ... the plaintiff to any of the relief demanded, a demurrer ... thereto should be overruled. Linder v ... Smith (1892), 131 Ind. 147, 30 N.E. 1073; ... Yorn v. Bracken (1899), 153 Ind. 492, 55 ... N.E. 257; Chicago, etc., R. Co. v ... ...