Reports of the Cases Decided in the Appellate Court of Indiana Volume 66

Reports of the Cases Decided in the Appellate Court of Indiana Volume 66

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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. 1920 edition. Excerpt: ...of controlling importance. The case seems to have been fairly tried and a correct result reached. Judgment atfirmed. 1. APPEAL.-BT'if8.--R6COTd.--Tl18 court on appeal will not search the record to find cause for reversal, though it may do so to aflirm, and it is the duty of an appellant to clearly present the facts from the record which how that the trial court committed harmful error. p. 422. 2. DISMISSAL AND NoNsU1'r.----Findi/ng of 0ourt.--Wh-at Constitutes.--Dism/issal.--Statute.--Remarks of the court made at the close of trial when it took the case under advisement, though indicating its intention as to judgment, were not such an announcement of the court's findings within the meaning of 338 Burns 1914, 333 R. S. 1881, as to preclude a proper motion by a party to dismiss without prejudice. 423. 3. DISMISSAL AND No1vsU1r.--Right to Dismiss.--Voluntaru Appearance.--Discretion of Gourt.--Where appellant, who was substituted by agreement as a party defendant in place of an original defendant, intervened and also filed an answer in general denial to the complaint, his motion to withdraw his intervention and pleadings and take nonsuit without prejudice, filed after the cause had been taken under advisement, was properly denied, notwithstanding 338 Burns 1914, 333 R. S. 1881, permitting a plaintifi to take a nonsuit without prejudice at any time before judgment, since he had no absolute right to withdraw as a party defendant to the original suit, the court having at least discretionary power to refuse such motion on the part of appellant as he had voluntarily appeared, submitted to the jurisdiction of the court, filed his answers and tried the case. p. 423. and which asks relief to which the moving party is more

Product details

  • Paperback | 256 pages
  • 189 x 246 x 14mm | 463g
  • United States
  • English
  • black & white illustrations
  • 1236811178
  • 9781236811172