Majenica Telephone Co. v. Rogers
Indiana Court of Appeals
From Huntington Circuit Court; James G. Branyan, Judge. Suit by Clinton Rogers against the Majenica Telephone Company. From a decree for plaintiff, defendant appeals.
1Opinion of the CourtMyers, J.
It is suggested by counsel for the appellee that the appeal herein should be dismissed because the bond
1. for the appeal in terms did not contain the name of the surety in the body thereof, and was not signed by the appellant, the judgment defendant, but by the surety alone.
2. If the bond could be regarded as insufficient to perfect an appeal in term, the full appearance of the appellee by the filing of his brief upon the merits of the cause would be sufficient to give this court jurisdiction of his person, and the appeal would be treated as one taken in vacation. Hazelton v. De Priest…
2Cases cited15 opinions
- Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co. v. NoftsgerIndiana Supreme Court · 1897
- City of Columbus v. DahnIndiana Supreme Court · 1871
- Shockey v. MillsIndiana Supreme Court · 1880
- Bidinger v. BishopIndiana Supreme Court · 1881
- Opp v. TenEyckIndiana Supreme Court · 1884
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3Cited by5 opinions
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- Oliver v. City of CincinnatiOhio Court of Appeals · 1919
- Las Monjas Racing Corp. v. Insular Racing CommissionSupreme Court of Puerto Rico · 1940