Reports of the Cases Decided in the Appellate Court of Indiana Volume 69

Reports of the Cases Decided in the Appellate Court of Indiana Volume 69

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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: ...made such a case. _ Appellee has moved to dismiss the appeal, because, as he alleges, the transcript was not filed in this court within the time allowed therefor by statute. 3. This appeal is governed by 2978 Burns 1914, Acts 1913 p. 65. The transcript shows that the trial was had and judgment rendered, January 13, ' 1916; that appellant filed his motion for a new trial on February 11, 1916, and that the same was overruled on March 16, 1916, at which time the appellant prayed an appeal, and was given thirty days' time in which to file bill of exceptions; that the bill of exceptions was duly presented, signed, sealed, and filed as a part of the record herein on April 10, 1916. The transcript was filed in this court July 11,1916, within 120 days from the date of the overruling of the motion for a new trial, and was filed in time. Simons v. Simons (1891), 129 Ind. 248, 28 N. E. 702. The judgment is therefore reversed, with directions to the court below to sustain appellant's motion for a new trial. Wmnr, Exncuron, v. VVILEY ET AL. No. 10,333. Filed February 21, 1919. Am-EaL.--Right to Appeal.-'--E.'vecnt0r in Representative Capacity.Where an executor of an estate filed a final report, to which exceptions were filed by other legatees, the executor as such cannot appeal from a decision of the trial court refusing to approve his original final report, where the rulings complained of were for the benefit of the estate, and the only relief sought by the appeal was on behalf of the executor as an individual legatee. From Adams Circuit Court; David E. Smith, Judge. Alexander J. Wiley, executor, filed his final report, to which exceptions were filed by Oliver P. Wiley and another. From a judgment approving a corrected final report, more

Product details

  • Paperback | 260 pages
  • 189 x 246 x 14mm | 472g
  • United States
  • English
  • black & white illustrations
  • 1236794699
  • 9781236794697