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Benson v. Baldwin

Benson v. Baldwin, 8 N.E. 909 (Ind. 1886)
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Court
Indiana Supreme Court · State Highest Courts
Decided
October 27, 1886
Docket
No. 12,771
Judges
Elliott
Citations
8 N.E. 909108 Ind. 1061886 Ind. LEXIS 192
Headnotes
Bill of Exceptions.—Order Granting Time to File After Term Must Appear in Éecord.—The order granting time to file a bill of exceptions after the term must be made during the term, and it must appear in the order-book. It is not sufficient that it appears as a recital in the bill of -exceptions.
Summary
From the Harrison 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 — Elliott

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

Elliott, J.

It is necessary to a decision of the questions discussed by the appellant, that the evidence should .appear in the record, for, without the evidence, they are not properly presented. The appellee’s counsel stoutly insist that the evidence is not in the record, for the reason that the bill ■of exceptions was filed after the term, and it does not appear, ■except in the bill itself, that leave was given to filejhe bill .after the close of the term. The position assumed by appellee’s counsel is correct. It is quite well settled that the order granting time to file a bill after term must be made during term^and that it must appear in the order book. It is not sufficient that it appears as a recital in the bill of exceptions. >

Judgment affirmed.

How later courts describe this case

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

1889: 11894: 11896: 11897: 21899: 11900: 11901: 118892026peak 1897 · 2

Relies on it most ⓘ

  1. Wilson v. State59 N.E. 380 (Ind. 1901)
  2. Johnson v. Ballard46 N.E. 674 (Ind. 1897)
  3. Hancher v. Stephenson46 N.E. 916 (Ind. 1897)
  4. Robards v. State53 N.E. 234 (Ind. 1899)
  5. Engleman v. Arnold20 N.E. 505 (Ind. 1889)
  6. Gemmill v. State ex rel. Brown43 N.E. 909 (Ind. Ct. App. 1896)

Most recent

  1. Wilson v. State59 N.E. 380 (Ind. 1901)
  2. Lake Erie & Western Railway Co. v. Juday56 N.E. 931 (Ind. Ct. App. 1900)
  3. Robards v. State53 N.E. 234 (Ind. 1899)
  4. Hancher v. Stephenson46 N.E. 916 (Ind. 1897)
  5. Johnson v. Ballard46 N.E. 674 (Ind. 1897)
  6. Gemmill v. State ex rel. Brown43 N.E. 909 (Ind. Ct. App. 1896)

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 0

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