Barney v. Elkhart County Trust Co.
Indiana Supreme Court
From Elkhart Circuit Court; James S. Dodge, Judge. Suit by the Elkhart County Trust Company, as receiver of the American Mutual Life Insurance Company of Elkhart, Indiana, against William M. Barney and others. From a decree granting a temporary injunction, defendants appeal.
1Opinion of the CourtMonks, J.
This is an appeal from an interlocutory order made in term, granting an injunction against appellants.
Appellee has filed a motion to dismiss the appeal on the ground that the same was not perfected at the term of court at which the order appealed from was made. This motion must be sustained.
1. The rule is that no appeal can be taken from an interlocutory order unless there is a statute expressly providing therefor, and that such statute must be strictly construed. Natcher v. Natcher (1899), 153 Ind. 368, 369, and authorities cited. Appeals in such cases “must be taken as the statute…
2Cases cited5 opinions
- Bank of Westfield v. InmanIndiana Supreme Court · 1892
- Natcher v. NatcherIndiana Supreme Court · 1899
- Hursh v. HurshIndiana Supreme Court · 1885
- Joyce v. DickeyIndiana Supreme Court · 1885
- Vance v. SchayerIndiana Supreme Court · 1881
3Cited by13 opinions
- Bossert v. GeisIndiana Court of Appeals · 1914
- Daugherty v. PayneIndiana Supreme Court · 1911
- Helms v. CookIndiana Court of Appeals · 1915
- Bell v. Wabash Valley Trust CompanyIndiana Court of Appeals · 1973
- Thompson v. A. J. Thompson Stone Co.Indiana Court of Appeals · 1924
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