Milburn v. Cory
Indiana Supreme Court
From Clinton Circuit Court; James V. Kent, Special Judge. Action by Robert C. Milburn and others against Elizabeth Cory and others. From a judgment for defendants, the plaintiffs appeal.
1Opinion of the CourtCox, J.
The judgment from which appellants have attempted to take this vacation appeal was rendered by the trial court, January 30, 1915. The transcript containing appellants’ assignment of errors was filed July 1, 1915. Appellants’ briefs on the assignment of errors were filed October 20, 1915. Before answering the briefs appellees have interposed a motion to dismiss the appeal and rely on, as the primary ground of the motion, that one of the parties to the judgment below was not and is. not, in the capacity in which he was sued, named as an appellee in the assignment of errors in disregard of the…
2Cases cited10 opinions
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- Whisler v. WhislerIndiana Supreme Court · 1903
- Town of Windfall City v. State ex rel. WoodIndiana Supreme Court · 1910
- Prough v. ProughIndiana Supreme Court · 1910
- Pugh v. Cleveland, Cincinnati, Chicago & St. Louis Railway Co.Indiana Supreme Court · 1915
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- Gardner v. BensonIndiana Court of Appeals · 1917