Ernest v. Grand Trunk Western Railway Co.
Indiana Court of Appeals
From Porter Circuit Court; Harry B. Tuthill, Judge. Action by Helen Ernest as administratrix of the estate of Wilber J. Ernest, deceased, against the Grand Trunk Western Railway Company. From an order sustaining a demurrer to plaintiff’s second paragraph of complaint, plaintiff appeals.
1Opinion of the CourtRobinson, P. J.
Transferred from the Supreme Court under the act of March 12, 1901.
1. To the first, third, fourth and fifth paragraphs of appellant’s complaint a separate demurrer was overruled, and to the second paragraph, was sustained. An exception was reserved by appellant. The only error assigned is sustaining this demurrer. The final entry is the ruling on the demurrer. The record does not disclose that further proceedings of any kind were had in the trial court. The error assigned presents no question, for the reason that the record does not show that final judgment was rendered (§644 Bums 1901, §632…
2Cases cited3 opinions
- Slagle v. BodmerIndiana Supreme Court · 1877
- James v. Lake Erie & Western Railway Co.Indiana Supreme Court · 1896
- State ex rel. Whistler v. HerodIndiana Court of Appeals · 1898
3Cited by4 opinions
- Neyens v. FlesherIndiana Court of Appeals · 1907
- O'Neill v. JohnsonIndiana Supreme Court · 1911
- Taylor Washing Machine Co. v. LamereIndiana Court of Appeals · 1933
- Thomas v. O'connell's EstateIndiana Court of Appeals · 1942