Price v. Huddleston
Indiana Supreme Court
From Wabash Circuit Court; A. H. Plummer, Judge. Action by Milbert F. Price and others against James Huddleston. From a judgment for defendant, plaintiffs appeal. (For opinion overruling motion to dismiss appeal, see 36 Ind. App. 150.) Transferred from Appellate Court under §1337u Burns 1901, Acts 1901, p. 590.
1Opinion of the CourtHadley, J.
Action by appellants on a contract in writing, for the value of goods sold. The questions presented arise on the sixth and seventh paragraphs of answer, and on the overruling of appellants’ motion for a new trial.
1. We are first met by appellee with a motion to' dismiss the appeal: (1) Because there is no properly authenticated precipe in the record; (2) because there is absent from the record certain papers and pleadings called for by the precipe. With respect to the precipe, there appears in the record, not immediately pre*538ceding the clerk’s certificate, as required by the act of 1903 (Acts…
2Cases cited11 opinions
- Cline v. GuthrieIndiana Supreme Court · 1873
- Smith v. BordenIndiana Supreme Court · 1903
- Workman v. State ex rel. Board of CommissionersIndiana Supreme Court · 1905
- Lafayette Agricultural Works v. PhillipsIndiana Supreme Court · 1874
- Arnold v. WiltIndiana Supreme Court · 1882
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3Cited by11 opinions
- Scott v. LaFayette Gas Co.Indiana Court of Appeals · 1908
- Berkey v. RensbergerIndiana Court of Appeals · 1911
- Peoples Bank & Trust Co. v. StockIndiana Court of Appeals · 1979
- Farmers Loan & Trust Co. v. ManningIndiana Court of Appeals · 1968
- Brown v. Indiana Department of ConservationIndiana Court of Appeals · 1967
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