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M'Gillicuddy v. Forsythe

M'Gillicuddy v. Forsythe.—In error

M'Gillicuddy v. Forsythe, 5 Blackf. 435 (1840)
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Court
Indiana Supreme Court · State Highest Courts
Decided
November 28, 1840
Citations
5 Blackf. 4351840 Ind. LEXIS 110

Opinion of the Court

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IF to a declaration in trespass quare clausum fregit containing two counts, a plea to the whole cause of action, set *436 ting out only matters in justification of one of the counts, do not aver that the causes of action in the two counts are the same, it is bad on general demurrer. Rubottom et al. v. McClure, 4 Blackf. 505 (1) .

A declaration stating that the plaintiff sues ■ by prochein amy, without alleging that he is an infant, is bad on general demurrer. Shirley v. Hagar, 3 Blackf. 225 .

The plea, with the averment named in the text, is bad on special demurrer. Rubottom et al. v. M'Clure, cited in the text. But if the plaintiff reply to the plea containing the averment, he admits that there is but one cause of action, and is restricted thereto at the trial. 1 Chitt. Pl. 450.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1850–1851: 118502026peak 1850 · 1

Relies on it most ⓘ

  1. Britzell v. Fryberger2 Ind. 176 (1850)

Most recent

  1. Britzell v. Fryberger2 Ind. 176 (1850)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 2

DepthCaseCited by
Shirley v. Hagar, 3 Blackf. 225 (1833) 19
Rubottom v. M'Clure, 4 Blackf. 505 (1838) 15

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