Legal Opinion

Federal Union Surety Co. v. Schlosser

Indiana Court of Appeals

Decided January 26, 1917No. 9,131Published

From Marshall Circuit Court; Harry Bernetha, Judge. Action by Samuel Scblosser against tbe Federal Union Surety Company and another. From a judgment for plaintiff, the defendants appeal.

1Opinion

On Petition foe Rehearing.

Batman, J. —

7. 8. *2109. *21110. *209Appellant Federal Union Surety Company in a petition for a rehearing in this case earnestly contends that the certificate of the clerk of the trial court attached to the transcript on appeal sufficiently shows that the bill of exceptions containing the evidence is in the record. In this contention it is urged that the certificate shows that the bill of exceptions was filed, and that the subsequent recital as to information and belief, and as to the absence of a memorandum or independent recollection of such fact, is surplusage. We do not concur…

2Cases cited14 opinions

  1. Childress v. Lake Erie & Western RailroadIndiana Supreme Court · 1914
  2. Board of Commissioners v. HuffmanIndiana Supreme Court · 1892
  3. Gray v. SingerIndiana Supreme Court · 1894
  4. Harris v. StateIndiana Supreme Court · 1900
  5. Hoffman v. IslerIndiana Court of Appeals · 1912

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