Chicago, Lake Shore & South Bend Railway Co. v. Sanders
Indiana Court of Appeals
From Porter Circuit Court; H. H. Loring, Judge. Action by Wilfred H. Sanders against The Chicago, Lake Shore and South Bend Railway Company. From a judgment for plaintiff, the defendant appeals, and plaintiff moves to dismiss the appeal.
1Opinion of the CourtFelt, C. J.
Appellee by his attorney has entered a special appearance and moved to dismiss this appeal for the alleged reason that the court has not acquired jurisdiction over him.
In his motion it is alleged that appellant did not serve appellee or his attorney with notice of the appeal as provided by §681 Burns 1914, §640 R. S. 1881; that the only information of the proposed, appeal obtained by him prior to the filing of the transcript on July 21, 1916, was from a registered letter which appellant’s attorney sent to George E. Hershman, appellee’s attorney, containing a “purported notice of appeal”; that…
2Cases cited6 opinions
- Rathbun v. AckerNew York Supreme Court · 1854
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- Griffin v. Board of County CommissionersSouth Dakota Supreme Court · 1905
- Thompson v. BrannanCalifornia Supreme Court · 1888
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3Cited by7 opinions
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- Morgan v. ArntIndiana Court of Appeals · 1917
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