Noble v. Indianapolis Traction & Terminal Co.
Indiana Court of Appeals
Prom Boone Circuit Court; Samuel B. Artman, Judge. Action by Benjamin P. Noble, as administrator of the estate of Charles Cattell, deceased, against the Indianapolis Traction & Terminal Company. Prom a judgment for defendant, plaintiff appeals.
1Opinion of the CourtWatson, C. J.
The appellee appeared specially herein on February 5, 1909, and filed its motion to dismiss this appeal for the following reasons: (1) This court has no jurisdiction of the appellee in this cause. (2) Appellant has not complied with rule thirty-six of this court. (3) The record in this cause presents no question for the decision of this court.
But appellee has not given appellant any notice of this motion, at least no proof of any notice has been made. Rule fifteen of this court requires that notice of motions of this character must be given the appellant. It has been held that the compliance…
2Cases cited1 opinion
- Dick v. MullinsIndiana Supreme Court · 1891