Reports of Cases Decided in the Supreme Court of the State of Indiana Volume 154

Reports of Cases Decided in the Supreme Court of the State of Indiana Volume 154

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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. 1900 edition. Excerpt: ... the granting of time, this court would presume that time had been given, when the motion _was overruled, in which to present the bill, and that such bill had been presented to the trial judge within the time allowed. But if it were properly disclosed upon appeal that the hill of exceptions was presented to the judge after the close of the term at which the motion for a new trial was denied, then, under such circumstances, the record entry of the order-book, must aflirmatively show that a time, which extended beyond such term, in which to prepare and present such bill to the trial judge for settlement and signature, was granted when the motion was overruled. Elliott's AppProc. 804. The bill of exceptions in question, however, was filed at a. previous term of tl1e court, after the filing of the motion for a new trial, and was already on file at the time the motion for a new trial was overruled. Certainly, then, under the circumstances, it can not in reason be claimed that the statute intended or required that appellant, at the time the motion was denied, should obtain leave to do that which he had already done. We therefore conclude that the bill of exceptions in dispute is properly a part of the record in this appeal. Ve next address ourselves to the question, ---does the evidence sustain the court.'s decision? The material facts which the evidence indisputably establishes are apparently as follows: The town of Sulphur Springs in Henry county, Indiana, is incorporated under the general laws of this State, and has been so incorporated for a period of about twenty years. On June 23, 1898, at a regular meeting of its board of trustees, Burton O. Post was by said board elected a school truitee for the school town of more

Product details

  • Paperback | 262 pages
  • 189 x 246 x 14mm | 472g
  • United States
  • English
  • black & white illustrations
  • 1236903005
  • 9781236903006