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Hendricks v. State ex rel. Huff

Hendricks v. The State, ex rel. Huff

Hendricks v. State ex rel. Huff, 73 Ind. 482 (1881)
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Court
Indiana Supreme Court · State Highest Courts
Decided
May 15, 1881
Docket
No. 7729
Judges
Howk
Citations
73 Ind. 482
Headnotes
Supreme Court. — Appeal.—Practice.—Notice to Co-Party. — Where one of several defendants appeals to the Supreme Court without giving notice thereof to his co-defendants, as required by section 551 of the code, the appeal will be dismissed.
Summary
From the Grant Circuit Court.

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

Opinion of the Court — Howk

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Howk, C. J.

— In this case, Hiram K. Hendricks alone has appealed to this court from a judgment rendered by the court below against him and one Lewis Foster, and in favor of the appellee’s relator, in a suit on a guardian’s bond. The record and files of the case show that the appellant, *483 Hendricks, has not served notice of his appeal on his co-•defendant, Foster, and filed the proof of such service with '.the clerk of this court, in conformity with the requirements ¡of section 551 of the code, 2 R. S. 1876, p. 239. Upon the ground of the appellant’s failure to comply with the express .provisions of the statute, in respect to such notice, the appellee’s relator has moved the court to dismiss this appeal. For the reason given, the motion must be sustained and the .appeal dismissed accordingly. Reeder v. Maranda, 55 Ind. 239 ; Pierson v. Hart, 64 Ind. 254; and Hammon v. Sexton, 69 Ind. 37 .

The appeal is dismissed, at the appellant’s costs.

How later courts describe this case

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

1881–1882: 11885–1886: 118812026peak 1881 · 1

Relies on it most ⓘ

  1. Dobbins v. Baker80 Ind. 52 (1881)
  2. State ex rel. Young v. Cunningham101 Ind. 461 (1885)

Most recent

  1. State ex rel. Young v. Cunningham101 Ind. 461 (1885)
  2. Dobbins v. Baker80 Ind. 52 (1881)

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 3

DepthCaseCited by
Hammon v. Sexton, 69 Ind. 37 (1879) 19
Reeder v. Maranda, 55 Ind. 239 (1876) 10
Pierson v. Hart, 64 Ind. 254 (1878) 5

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