Inhabitants of Cong. Twp. No. 7 v. Clark
Indiana Supreme Court
ERROR to the Ddaimrc Circuit Court. Attachment, commenced by the plaintiff’s in error against Clarke and others, before a justice of the peace. Judgment by the justice against all the defendants on the 10th of June 1844. On the 3d of July, 1844, one of the defendants filed an appeal with the justice, which recites that he had appealed from the judgment, &c.
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ERROR to the Ddaimrc Circuit Court. Attachment, commenced by the plaintiff’s in error against Clarke and others, before a justice of the peace. Judgment by the justice against all the defendants on the 10th of June 1844. On the 3d of July, 1844, one of the defendants filed an appeal with the justice, which recites that he had appealed from the judgment, &c. The justice certified to the Circuit Court, at different times, three separate transcripts of his judgment, the last of which is considered the correct one. In the Circuit Court, on the 29th of March, 1845, an appeal bond for all the…
1Opinion of the CourtBlackford, J.
— “The appeal in the name of only one of the cle-*42fendants, was, no doubt, erroneous. Kain v. Gradon, 6 Blackf. 138. We cannot, however, say there was error in the refusal to dismiss the appeal taken by all the defendants. By the 178th section of the R. S. p. 892, the circuit courts are authorised, for certain reasons to permit appeals to be taken after the expiration of the thirty days. This appeal by all the defendants was permitted to be taken after the prescribed time had expired; but the reason for that permission is not shown by the record. We must presume in favor of the decision, that…
2Cases cited2 opinions
- Kain v. GradonIndiana Supreme Court · 1842
- Ross v. MisnerIndiana Supreme Court · 1834
3Cited by3 opinions
- Smiley v. GambillTennessee Supreme Court · 1858
- Smiley v. GambillTennessee Supreme Court · 1858
- Smiley v. GambillTennessee Supreme Court · 1858