Legal Opinion

Smith v. Hibben

Indiana Court of Appeals

Decided December 9, 1914No. 8,847PublishedCited by 3 opinions

Prom Hamilton Circuit Court; Meade Vestal, Judge. Action by Harold B. Hibben and others against John H. Smith and others. Prom a judgment for plaintiffs, the defendants appeal.

1Opinion of the CourtPelt, J.

The appellees, Harold B. Hibben, Thomas E. Hibben, and Louis Hollweg, have entered a special appearance herein and moved to dismiss the appeal on the ground that this court has not acquired jurisdiction of the appeal. The substance of the motion is as follows: That the suit was *440a joint action against appellants, John PI. Smith and Beecher W. Bennett, and one George O. Benham, and the judgment in favor of appellees was a joint judgment against all three of the defendants; that Benham did not appeal and no notice of the appeal was served on him by appellants, Smith and Bennett, and filed with…

2Cases cited18 opinions

  1. Michigan Mutual Life Insurance v. FrankelIndiana Supreme Court · 1898
  2. Abshire v. WilliamsonIndiana Supreme Court · 1898
  3. Holloran v. Midland Railway Co.Indiana Supreme Court · 1891
  4. Tate v. HamlinIndiana Supreme Court · 1895
  5. Hutts v. MartinIndiana Supreme Court · 1892

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3Cited by3 opinions

  1. Fort v. WhiteIndiana Court of Appeals · 1915
  2. Gainey v. HaslerIndiana Court of Appeals · 1932
  3. Walker v. JohnsonIndiana Court of Appeals · 1916

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