Berry v. Chicago, Indianapolis & Louisville Railway Co.
Indiana Supreme Court
From Clark Circuit Court; J. K. Marsh, Judge. Action by James H. Berry against the Chicago, Indianapolis & Louisville Railway Company for damages. From a judgment for defendant, plaintiff appeals. Transferred from Appellate Court, under §1337u Burns 1901.
1Opinion of the CourtMonks, J.
The only questions argued by appellant depend for their determination upon the evidence, which, appellee insists, can not be considered because not in the record.
Appellant filed a precipe as provided in §661 Burns 1901, §649 R. S. 1881, and Homer 1901, and designated what papers and entries the clerk should copy into the transcript and certify to this court. Said precipe did not request the clerk to certify the original bill of exceptions containing the evidence. The general certificate of the clerk to the transcript in no way embraces, identifies, or refers to said original bill of…
2Cases cited3 opinions
- Johnson v. JohnsonIndiana Supreme Court · 1901
- Chestnut v. Southern Indiana Railway Co.Indiana Supreme Court · 1901
- Carpenter v. SchaefferIndiana Supreme Court · 1900
3Cited by4 opinions
- Boos v. LangIndiana Supreme Court · 1904
- City of Alexandria v. LieblerIndiana Supreme Court · 1904
- Holtz v. Mercantile Trust & Savings Co.Indiana Court of Appeals · 1913
- Curless v. StateIndiana Supreme Court · 1909