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Berry v. Berry

Berry v. Berry, 22 Ind. 275 (1864)
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Court
Indiana Supreme Court · State Highest Courts
Decided
May 15, 1864
Citations
22 Ind. 275
Headnotes
Apeeal.—Where no appeal was prayed, and no bond given in the Court below, a cause can not be properly appealed as from an interlocutory order, under the second specification of section 576, 2 G & H. 276.
Summary
APPEAL from the Delav:are Common Pleas.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court

Text extracted by OCR from a scanned original; check the original for exact wording.

Per Curiam.

This was an application for partition of lands. After the Court had found the respective shares of the parties and ordered a partition, an appeal was taken to this Court and dismissed, because prematurely taken. Berry v. Berry, 13 Ind. 446 . The record before us shows that afterwards commissioners were appointed to make partition, who reported that the land was not susceptible of division without injuring the parties, &e. An order was entered and a commissioner appointed to make sale of said lands, from which no appeal was prayed nor bond given. Eor several tdiuns after this was done the only entries appear to have been orders for continuance. The record is now brought here. See Staley et al. v. Dorst, 11 Ind. 367 , which is decisive of this.

The appeal is dismissed ,at costs of appellant.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1869–1870: 118692026peak 1869 · 1

Relies on it most ⓘ

  1. Simpson v. Pearson31 Ind. 1 (1869)

Most recent

  1. Simpson v. Pearson31 Ind. 1 (1869)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 2

DepthCaseCited by
Staley v. Dorset, 11 Ind. 367 (1858) 7
Berry v. Berry, 13 Ind. 446 (1859) 1

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