Conaway v. Conaway
Indiana Court of Appeals
From the Ohio Circuit Court.
1Opinion of the CourtRoss, J.
Section 662, R. S. 1894, provides that all proper entries made by the clerk, and all papers pertaining to a cause and filed therein, are deemed to be parts of the record, except motions, affidavits and other papers which relate to collateral matters. Under this section, it has been held that motions to dismiss, to make more specific, to separate into paragraphs and to number, pertain to collateral matters, and are not properly a part of the record, except made so by bill of exceptions or by order of the court. Thomas v. Griffin, 1 Ind. App. 457; Owens v. Tague, 3 Ind. App. 245; Ohio, etc., R.…
2Cases cited17 opinions
- Kesler v. MyersIndiana Supreme Court · 1873
- Greensburgh, Milford, & Hope Turnpike Co. v. SidenerIndiana Supreme Court · 1872
- Harman v. MooreIndiana Supreme Court · 1887
- Harris v. TomlinsonIndiana Supreme Court · 1892
- Board of Commissioners v. HillIndiana Supreme Court · 1888
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3Cited by3 opinions
- American Surety Co. of New York v. Jay Lodge No. 87, F. & A. M.Indiana Court of Appeals · 1935
- Wilson v. JenkinsIndiana Supreme Court · 1897
- Todd v. HowellIndiana Court of Appeals · 1911