Wayne Sewer & Drain Co. v. Ward Cowen Constraction Co.
Indiana Court of Appeals
From Morgan Circuit Court; Linn D. Hay, Special Judge. Action by the Ward Cowen Construction Company and others against the Wayne Sewer and Drain Company and others. From the judgment rendered, the defendants appeal.
1Opinion of the CourtNiohols, P. J.
—Appellee has moved to dismiss this appeal upon the ground that no final judgment was rendered by the lower court from which an appeal will lie to this court.
The facts in this case, so far as they are pertinent to the consideration of the question presented in the motion to dismiss, are as follows: Appellee instituted *438an action for damages for the breach of a certain written contract, in which action appellant was the principal defendant. Appellant filed answers, and also a counterclaim for damages for breach of the same contract that is sued on by appellee in. its com- * plaint. In addition…
2Cases cited8 opinions
- Western Union Telegraph Co. v. LockeIndiana Supreme Court · 1886
- Champ v. KendrickIndiana Supreme Court · 1892
- Barnes v. WagenerIndiana Supreme Court · 1907
- Northern Indiana & Southern Michigan Telegraph & Cable Co. v. Peoples Mutual Telephone Co.Indiana Supreme Court · 1916
- City of Jeffersonville v. TomlinIndiana Court of Appeals · 1893
3 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Brown v. Pasko, TrusteeIndiana Court of Appeals · 1936
- Hutson v. BrookshireIndiana Court of Appeals · 1923
- State ex rel. Horall v. JacobsIndiana Court of Appeals · 1921
- Brown v. Nat. Life Ins. Co. of Wash. Co. Vt.Indiana Court of Appeals · 1943
- Breuninger v. WeckIndiana Court of Appeals · 1934
2 more not listed; retrieve them via the Exa API.