Parscouta v. State ex rel. Bakajsa
Indiana Supreme Court
Erom Lake Oircuit Oourt; Willis O. McMahan, Judge. Action by tbe State of Indiana, on tbe relation of Joseph Bakajsa, against Eren Parscouta and others. Erom a judgment for plaintiff, two of the defendants appeal.
1Opinion of the CourtMonks, C. J.
This action was brought by the relator to compel by mandate three persons, officers of a private corporation, to perform an alleged duty. A trial of said cause resulted in a' final judgment for a peremptory writ of mandate against said defendants. Two of said defendants appeal, and insist that said judgment must be reversed, because said trial was, as to them, “without an issue.”
*4851. It is now settled under the code that where a defendant fails to file an answer and no default is taken against him, but he goes to trial, he can not on appeal to the Supreme Court complain that no issue was formed.…
2Cases cited6 opinions
- Trentman v. EldridgeIndiana Supreme Court · 1884
- Citizens Bank v. BolenIndiana Supreme Court · 1889
- Board of Commissioners of Boone Co. v. State, ex rel. TitusIndiana Supreme Court · 1878
- Potts v. State ex rel. OggIndiana Supreme Court · 1881
- Hartlep v. ColeIndiana Supreme Court · 1885
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3Cited by6 opinions
- Temme v. TemmeIndiana Court of Appeals · 1937
- Armstrong v. PresslorIndiana Supreme Court · 1947
- W.Q. O'Neall Company v. O'NeallIndiana Court of Appeals · 1940
- Rice v. MagenheimerIndiana Supreme Court · 1947
- Thornton v. DevaneyIndiana Supreme Court · 1944
1 more not listed; retrieve them via the Exa API.