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Free v. Haworth

Free and Another v. Haworth

Free v. Haworth, 19 Ind. 404 (1862)
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Court
Indiana Supreme Court · State Highest Courts
Decided
November 15, 1862
Citations
19 Ind. 404
Headnotes
Proceedings on a motion for a continuance are no part of the record, unless made so by a bill of exceptions. A voluntary appearance, in full, to a cause of action, waives all defects in process or publication. A defense assuming to answer the whole, but only answering a part of a cause of action, is bad on demurrer. The law, as to penalties and costs, in force at the time of rendering judgments, governs. But, as to the obligation of the contract, the law of its date, if to be executed where it is made, generally controls.
Summary
APPEAL from the Union Circuit Court.

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.

The proceedings upon a motion for a continuance are no part of the record, unless made so by bill of exceptions. 16 Ind. 476 .

A voluntary appearance, in full, to a cause, waives defects in process and publication. 13 Ind. 490 . 10 Id. 380.

A paragraph assuming to answer the whole, but only answering a part of a cause of action, is bad on demurrer. 16 Ind. 327 .

The law, as to penalties and costs, in force at the time of rendering judgment, governs; but as to the obligation of the contract, the law of its date, if to be executed where made, as a general proposition, controls. Scoby v. Gibson, 17 Ind.

The judgment below is affirmed, with one per cent, damages and costs.

How later courts describe this case

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

1872–1873: 21878–1879: 11882–1883: 11888–1889: 11892–1893: 11972–1973: 11986–1987: 118722026peak 1872 · 2

Relies on it most ⓘ

  1. Adult Group Properties, Ltd. v. Imler505 N.E.2d 459 (Ind. Ct. App. 1987)
  2. Rich v. Starbuck45 Ind. 310 (1873)
  3. Slauter v. Hollowell90 Ind. 286 (1882)
  4. Yancy v. Teter39 Ind. 305 (1872)
  5. Ard v. State16 N.E. 504 (Ind. 1888)
  6. Kinser v. Dewitt34 N.E. 1014 (Ind. Ct. App. 1893)

Most recent

  1. Adult Group Properties, Ltd. v. Imler505 N.E.2d 459 (Ind. Ct. App. 1987)
  2. State ex rel. State Highway Commission of Indiana v. Blackiston Land Co.301 N.E.2d 663 (Ind. Ct. App. 1973)
  3. Kinser v. Dewitt34 N.E. 1014 (Ind. Ct. App. 1893)
  4. Ard v. State16 N.E. 504 (Ind. 1888)
  5. Slauter v. Hollowell90 Ind. 286 (1882)
  6. Pickerell v. Frankem64 Ind. 25 (1878)

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 3

DepthCaseCited by
New Albany & Salem R.R. v. Combs, 13 Ind. 490 (1859) 7
Cochran v. Dodd, 16 Ind. 476 (1861) 6
Miller v. Rigney, 16 Ind. 327 (1861) 2

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