Sissenguth v. Bourne
| Decision Date | 16 February 1915 |
| Docket Number | 8,520 |
| Citation | 107 N.E. 743,58 Ind.App. 97 |
| Parties | SISSENGUTH v. BOURNE ET AL |
| Court | Indiana Appellate Court |
From Superior Court of Marion County (79,787); Clarence E. Weir, Judge.
Action by Flora Bourne against Dietrich Sissenguth and another. From a judgment for plaintiff, the defendant named appeals.
Affirmed.
J. Fred Masters and James E. Babcock, for appellant.
Ira M. Holmes, for appellee.
This is an appeal from a judgment for malicious prosecution in favor of appellee, Flora Bourne, against appellant. Two errors are assigned. The first questions the sufficiency of the complaint on the ground that the city court of Indianapolis in which appellee was prosecuted for petit larceny did not have jurisdiction to try and determine the case. The complaint is good as against this objection. § 8842 Burns 1914, Acts 1905. p. 236, § 216. Cottrell v. Cottrell (1890), 126 Ind. 181, 25 N.E. 905.
By the second assignment it is asserted that the court erred in sustaining appellee's motion to prosecute as a poor person, though a nonresident of the State. The question is settled adversely to appellant's contention by §§ 261, 616 Burns 1914, SZ 260, 589 R. S. 1881, as construed by the following decisions: Pittsburgh, etc., R. Co. v. Jacobs (1893), 8 Ind.App. 556, 36 N.E. 301; Fuller & Fuller Co. v. Mehl (1893), 134 Ind. 60, 33 N.E. 773.
Judgment affirmed.
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Lake Erie & W.R. Co. v. Griswold
...a cost bond, and in permitting him to prosecute his action as a poor person. The court committed no error in so doing. Sissenguth v. Bourne, 58 Ind. App. 97, 107 N. E. 743;Fuller & Fuller Co. v. Mehl, 134 Ind. 60, 33 N. E. 773. After the jury had been impaneled and while the opening stateme......
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... ... permitting him to prosecute his action as a poor person. The ... court committed no error in so doing. Sissenguth v ... Bourne (1915), 58 Ind.App. 97, 107 N.E. 743; ... Fuller [72 Ind.App. 269] & Fuller Co. v ... Mehl (1893), 134 Ind. 60, 33 N.E. 773 ... ...
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