Reports of Cases Decided in the Supreme Court of the State of Indiana Volume 110

Reports of Cases Decided in the Supreme Court of the State of Indiana Volume 110

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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. 1887 edition. Excerpt: ...first, that no appeal could be taken from the ruling of the court in refusing to discharge the receiver and turn the goods over to appellant, or the sherifl; and, second, that if such an appeal could be taken, the record here presents nothing for decision. Vithout deciding as to the first, the last contention can not be disregarded. The only evidence of the suit of appellant to foreclose her mortgage and the decree therein, presented by the record before us, is the verified motion by appellant for the discharge of the receiver. None of the papers, nor the final decree in that case, have been brought into the record here by a bill of exceptions, nor is there any statement in the bill of exceptions, authenticated by the signature of the judge, showing the nature of the decree in that case, or that there is, or has been, such a case.. The answer by appellees to appellant's motion denies, in the main, what is stated in that motion. Nothing, at least, is admitted as to the scope of the decree in the suit which appellant claims to have prosecuted to final judgment. In their answer to that motion, appellees referred the court to its records to ascertain the nature and scope of the decree in appellant's suit. For aught we can know from the record before us, the court below may have examined those records and ascertained that appellant's motion did not state the truth, and that there is nothing in the decree referred to at all inconsistent with the continuance of the receivership until after the sale of the goods by the feceiver. In order that this court may accept, and act upon as true, what is stated in appellant's motion, in relation to her suit to foreclose her mortgage, and the nature and scope of the decree in more

Product details

  • Paperback | 230 pages
  • 189 x 246 x 12mm | 417g
  • United States
  • English
  • black & white illustrations
  • 1236957814
  • 9781236957818