Town of Fredericksburg v. Wilcoxen
Indiana Supreme Court
From Washington Circuit Court; T. B. Buskirk, Judge. Action by the town of Fredericksburg against Charles Wilcoxen to recover a penalty for the violation of a town ordinance. From a judgment dismissing the action, plaintiff appeals.
1Opinion of the CourtMonks, J.
This action was brought by appellant against appellee to recover a penalty for the violation of a town ordinance. On motion of appellee, the court below dismissed the action. This ruling is assigned for error.
Appellee insists that no question is presented by the record, for the reason that the motion to dismiss and the grounds of the dismissal, are not shown by a bill of exceptions. It is settled law that, when a motion to dismiss an *360appeal to a trial court, or to,dismiss an action, is sustained, the same is not in the record unless brought into it by a bill of exceptions or order of court.…
2Cases cited10 opinions
- Yost v. ConroyIndiana Supreme Court · 1883
- Pennsylvania Co. v. EbaughIndiana Supreme Court · 1899
- Allen v. HollingsheadIndiana Supreme Court · 1900
- Close v. Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co.Indiana Supreme Court · 1898
- Conoway v. WeaverIndiana Supreme Court · 1849
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3Cited by4 opinions
- Jordan v. JordanIndiana Court of Appeals · 1922
- Newsom v. Chicago & Eastern Illinois RailroadIndiana Court of Appeals · 1913
- Bertch v. MundIndiana Supreme Court · 1915
- City of Huntington v. TownsendIndiana Court of Appeals · 1902