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State ex rel. Hall v. McGill

State, ex rel. Hall, Trustee v. McGill

State ex rel. Hall v. McGill, 40 N.E. 1115 (Ind. Ct. App. 1895)
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Court
Indiana Court of Appeals · State Appellate Courts
Decided
June 6, 1895
Docket
No. 1,725
Citations
40 N.E. 111512 Ind. App. 6651895 Ind. App. LEXIS 170
Headnotes
Appellate Court Practice. — Filing in Appellate Court a Substitute for Pleading Lost in Court Below. — The Appellate Court has no power to grant leave to file substituted pleadings for those lost in the court below. Such relief must be sought in the trial court.
Summary
From the Clark 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

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Per Curiam. —

The appellant presents a motion to be permitted to substitute an amended complaint, the original of such amended complaint having been lost, as shown by affidavits submitted. The object of the motion is to place the record in condition to enable the appellant to move for a writ of certiorari, it being asserted that the amended complaint is not correctly copied into the transcript t>y the clerk. We are of opinion that this court has no power to grant leave to file substituted pleadings that were lost in the court below, but that the the appellant must seek relief in the trial court.

Motion overruled.

How later courts describe this case

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

1919: 11954: 119192026peak 1919 · 1

Relies on it most ⓘ

  1. Koeneman v. Aldridge122 N.E.2d 345 (Ind. Ct. App. 1954)
  2. Mackey v. Lafayette Loan & Trust Co.121 N.E. 682 (Ind. Ct. App. 1919)

Most recent

  1. Koeneman v. Aldridge122 N.E.2d 345 (Ind. Ct. App. 1954)
  2. Mackey v. Lafayette Loan & Trust Co.121 N.E. 682 (Ind. Ct. App. 1919)

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.

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