Legal Opinion

Newcomer v. Perril

Indiana Supreme Court

Decided May 15, 1882No. 9774PublishedCited by 1 opinion

From the Hamilton Circuit Court.

1Opinion of the CourtElliott, J.

It is impossible to understand or decide the questions involved in this cause without an examination of the entire evidence, and it is well settled that in such a case the appeal will be unavailing unless: all the evidence is in the record. Johnson v. Wiley, 74 Ind. 233; Wells v. Wells, 71 Ind. 509.

It is quite as well settled that where time is given for the filing of a bill of exceptions, the record must affirmatively show that the bill was filed, within the time prescribed. Singer, etc., Co. v. Struckman, 72 Ind. 601; Dunn v. Hubble, 81 Ind. 489.

It must appear from the record, independently…

2Cases cited5 opinions

  1. Johnson v. WileyIndiana Supreme Court · 1881
  2. Estate of Wells v. WellsIndiana Supreme Court · 1880
  3. Dunn v. HubbleIndiana Supreme Court · 1881
  4. Singer Manufacturing Co. v. StruckmanIndiana Supreme Court · 1880
  5. Stivers v. McConnellIndiana Supreme Court · 1872

3Cited by1 opinion

  1. Wabash Portland Cement Co. v. EvartsIndiana Court of Appeals · 1922

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