Legal Opinion

Lengelsen v. McGregor

Indiana Supreme Court

Decided May 26, 1903No. 20,030Published

From Posey Circuit Court; William Louden} Special Judge. Suit by "William A. McGregor and others against Louis Lengelsen and another- to foreclose a mechanic’s lien. From a judgment for plaintiffs, Edward Lengelsen appeals. Transferred from Appellate Court, under §1337u Burns 1901.

1Opinion

On Petition eor Rehearing.

Hadley, J.

Appellant, in support of his-petition for a rehearing, very earnestly contends that we erred in holding that his bill of exceptions containing the evidence was not properly in the record. He relies upon the maxim, “Actus curia? neminem grambit ” to protect him against the loss of his bill of exceptions by reason of the absence of the trial judge from the State when he, within the time allowed, did all he could to present the bill for settlement. The pith of his argument is that a court will not be permitted to throw a litigant off his guard by granting him…

2Cases cited13 opinions

  1. Walton v. United StatesSupreme Court of the United States · 1824
  2. Stonesifer v. KilburnCalifornia Supreme Court · 1892
  3. West Chicago Street Railroad v. Morrison, Adams & Allen Co.Illinois Supreme Court · 1896
  4. Davis v. PatrickSupreme Court of the United States · 1887
  5. Ferris v. Commercial National BankIllinois Supreme Court · 1895

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