Reports of Cases Decided in the Supreme Court of the State of Indiana Volume 144
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. 1897 edition. Excerpt: ...is not a bill of exceptions or an agreed case, as authorized by section 562, R. S. 1894. From the Koscuisko Circuit Court. J. D. T/Vidaman, for appellants. W. D. Frazer, for appellee. HACKNEY, C. J.--The record in this case recites cer tain issues between the parties; that the cause was "submitted to the court for hearing and trial on the complaint, cross-complaint, pleadings and proofs of the parties;" the finding of the court in favor of the appellee, and, over the motion of the appellants for a new trial, decree was rendered in favor of the appellee, quieting the title in him to a certain island in Wawasee Lake. As a part of the decree the appellants were given time to file a bill of exceptions, but it is not shown by any file mark, order book entry, certificate of the clerk, or in any other manner that such bill was ever filed. Following the entry of the decree, as copied into the record, the transcript contains the original, or a copy, of what purports to be an agreement between the parties as to the facts, with certain copies of tax title deeds and receipts. Next following is a certificate by the clerk that "the foregoing is a full, true and complete transcript of all the papers and entries in said cause as the same appear of record," etc. Immediately following the certificate is the assignment of error that "the court below erred in overruling plaintifl"s motion for a new_ trial in said cause." Then follows a certificate, or copy of certificate, as to a bill of exceptions, reciting that "the above and foregoing contains all of the evidence so introduced and filed as aforesaid," with objections, exceptions, etc., and concludes as follows: "And on the 3d day of September, ...
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- 13 Sep 2013
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