Dover v. Reynolds
Opinion of the Court
Text extracted by OCR from a scanned original; check the original for exact wording.
*34 On Petition To Transfer Myers, J.
— This case, comes to us on petition to transfer. We concur in the opinion of the Appellate Court with the exception that it uses the case of State ex rel. Brosman v. Whitley Circuit Court et al. (1963), 186 N. E. 2d 881 , as authority to support the proposition that when an answer is filed to a complaint the issues are closed. While the general proposition of law expressed in the Appellate Court’s opinion is correct (see Black’s Law Dictionary, Fourth Edition, page 964 et seq., “issue”), the foregoing case cannot be cited as authority because this court has granted a petition for rehearing generally, and the case is before the court as if it had never been decided. Booher et al. v. Goldsborough et al. (1873), 44 Ind. 490 ; Bally et al. v. Guilford Twy. School Corp., etc. (1955), 234 Ind. 273 , 126 N. E. 2d 13 .
Petition to transfer denied.
Landis, C. J., and Achor and Arterburn, JJ., concur. Jackson, J., concurs in result.
Note. — Reported in 196 N. E. 2d 76 .
How later courts describe this case
No later court has written an explanatory parenthetical about this case yet.
Cited by 2 cases
View all citing references →Relies on it most ⓘ
Most recent
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.