Lake Michigan Water Co. v. United States Fidelity
Indiana Court of Appeals
From St. Joseph Circuit Court; Walter A. Funk, Judge. Action by the Lake Michigan Water Company against the United States Fidelity and Guaranty Company and another. From a judgment for defendant named, the plaintiff appeals, and appellee files motion to dismiss the appeal.
1Opinion of the CourtFelt, J.
The appellee has moved to dismiss this appeal for the following reasons: (1) No final judgment has been rendered in the case from which an appeal may be taken. (2) The cause of action is still pending in the St. Joseph Circuit Court against one of the defendants, M. H. McGovern Company. (3) The M. H. McGovern Company was made a defendant in said cause and summons was issued for it, and on motion of appellant the cause was continued for service on said defendant, and is still pending.
The record shows that appellant filed its complaint in the Laporte Superior Court against M. H. McGovern…
2Cases cited11 opinions
- Hogan v. RobinsonIndiana Supreme Court · 1884
- Louisville, New Albany & Chicago R. W. Co. v. TreadwayIndiana Supreme Court · 1895
- Lower v. FranksIndiana Supreme Court · 1888
- Neyens v. FlesherIndiana Court of Appeals · 1907
- Northern Indiana & Southern Michigan Telegraph & Cable Co. v. Peoples Mutual Telephone Co.Indiana Supreme Court · 1916
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