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Orr v. Worden

Orr v. Worden, 10 Ind. 553 (1858)
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Court
Indiana Supreme Court · State Highest Courts
Decided
June 26, 1858
Citations
10 Ind. 553
Summary
APPEAL from the Switzerland Court of Common Pleas.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court

Text extracted by OCR from a scanned original; check the original for exact wording.

Per Curiam.

:This was an action commenced before a justice of the peace, by Joseph Orr, upon an account which Worden had made with John Orr, and which was by him assigned to Joseph, without recourse.

The plaintiff had judgment before the justice. The defendant appealed to the Common Pleas, where, on motion, the case was dismissed. The reasons for the motion were filed in writing, which were, that the suit was based upon an assigned, open, unliquidated account, and that the same was not assignable so as to enable the assignee to sue in his own name.

The dismissal, it appears by an entry, was excepted to, but no bill of exceptions' was taken.

The written reasons, which the party saw proper to file for his motion to dismiss, were not a necessary part of the record to be made by the clerk, and could only be made so by a bill of exceptions. As no such bill was taken, the reasons for the dismissal are not legally before us, and we will presume that the ruling was right (1) .

The judgment is affirmed with costs.

See 2 Blackf. 338, 402 ; 3 id. 362 .

How later courts describe this case

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

1876–1877: 21882–1883: 21884–1885: 11902–1903: 118762026peak 1876 · 2

Relies on it most ⓘ

  1. Yost v. Conroy92 Ind. 464 (1883)
  2. Scotten v. Divilbiss60 Ind. 37 (1877)
  3. Lippman v. City of South Bend84 Ind. 276 (1882)
  4. Town of Fredericksburg v. Wilcoxen63 N.E. 566 (Ind. 1902)
  5. Meeker v. Board of Commissioners53 Ind. 31 (1876)
  6. Robeson v. Martin93 Ind. 420 (1884)

Most recent

  1. Town of Fredericksburg v. Wilcoxen63 N.E. 566 (Ind. 1902)
  2. Robeson v. Martin93 Ind. 420 (1884)
  3. Yost v. Conroy92 Ind. 464 (1883)
  4. Lippman v. City of South Bend84 Ind. 276 (1882)
  5. Scotten v. Divilbiss60 Ind. 37 (1877)
  6. Meeker v. Board of Commissioners53 Ind. 31 (1876)

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 1

DepthCaseCited by
Blaney v. Findley, 2 Blackf. 338 (1830) 8

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