Reports of the Cases Decided in the Appellate Court of Indiana Volume 51

Reports of the Cases Decided in the Appellate Court of Indiana Volume 51

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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. 1914 edition. Excerpt: ...The pleadings constitute the foundation on which the superstructure of the cause must rest, and without them there can be no cause. With the omission of the pleadings, we are unable to determine who were parties to the suit, and to what extent their interests were aifected by allega tion or admission. The case of Redd V. Reid (1898), 149 Ind. 274, 49 N. E. 2, was one in which no pleadings were made a part of the transcript on appeal. The court, in holding that no questions were presented by the assignments of errors, used the following language: "The essential basis of a cause, the pleadings, not being before us, we are supplied with no ground upon which to consider the assignment of error. We cannot know the character of the suit, the parties interested, or the correctness of the conclusions reached without the pleadings, the foundation upon which the proceedings were constructed, the point of view from which every step must be scrutinized. It is no more possible for this court to consider the action of the trial court without the pleadings in a cause than for the trial court to gather the scope of the issues between the parties, determine the relevancy of the evidence, and, by judgment, adjust the rights of the parties, without pleadings." This question has recently been passed on by 'this court in the case of Mesker v. Fitzpatrick (1911), 48 Ind. App. 518, 94 N. E. 827. On the authority of the cases heretofore cited, we are constrained to hold that the transcript in this case presents no question for our decision, and the judgment is therefore affirmed. No'rE.--Reported in 99 N. E. 809. See, also, under (1) 2 Cyc. 1035; (2) 3 Cyc. 155. _ CALAHAN v. DUNKER ET AL. No. 7,665. Filed November 26, 1912. more

Product details

  • Paperback | 308 pages
  • 189 x 246 x 17mm | 553g
  • United States
  • English
  • black & white illustrations
  • 1236933230
  • 9781236933232