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Reports of Cases Decided in the Supreme Court of the State of Indiana Volume 102

Reports of Cases Decided in the Supreme Court of the State of Indiana Volume 102


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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1885 edition. Excerpt: ...or decree in this collateral suit. We have given the substance of the second and fourth paragraphs of the cross complaint, almost in the language of the pleader. It will be readily seen therefrom that Thomas B. Ault did not allege, in either of such paragraphs, that a summons had not been issued for him in the former action, requiring him to appear and answer appellant s complaint therein, nor that such summons had not been duly and legally served on him, in theimanner required by law, the proper time before he was defaulted and the decree was rendered therein, which he asks to have set aside and declared void. In the absence of such allegations, we must presume that a summons was duly served on Thomas B. Ault in such former action; that such summons was legally served on him by the proper oflicer; that proof of such service was made to the satisfaction of the court before the rendition of the decree therein, and that all these facts are shown by the record of such action. With the presumptions which must be indulged in favor of the validity of the decree, and in the absence of averments to the contrary, it is clear, we think, that neither of the paragraphs of the cross complaint we are now considering stated facts suflicient to constitute a cause of action against the appellant, or to entitle Thomas B. Anlt to the relief demanded therein.. We have said that, in each of the second and fourth paragraphs of his cross complaint, Thomas B. Ault has made a collateral attack upon the validity of the decree rendered against him in the appellant s former action. He has not averred, in either of such paragraphs, that any of the facts stated therein, upon or by reason of which he claims that the decree in the former action is void and...


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Product Details
  • ISBN-13: 9781234164249
  • Publisher: Rarebooksclub.com
  • Publisher Imprint: Rarebooksclub.com
  • Height: 246 mm
  • No of Pages: 232
  • Spine Width: 12 mm
  • Width: 189 mm
  • ISBN-10: 1234164248
  • Publisher Date: 15 Jan 2013
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 422 gr


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