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State ex rel. Whistler v. Herod

The State, ex rel. Whistler, Guardian v. Herod

State ex rel. Whistler v. Herod, 51 N.E. 952 (Ind. Ct. App. 1898)
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Court
Indiana Court of Appeals · State Appellate Courts
Decided
November 18, 1898
Docket
No. 2,652
Judges
Black
Citations
51 N.E. 95221 Ind. App. 1771898 Ind. App. LEXIS 637
Disposition
Appeal dismissed.
Headnotes
Appeal. — Sustaining Demurrer to Complaint Not a Final Judgment. —Sustaining a demurrer to a complaint is not a final judgment, and from such ruling alone, without further action of the court, an appeal will not lie.
Summary
From the Boone 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 — Black

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

Black, J.

The question earnestly argued by counsel is not properly before us. The rulings of the court sustaining demurrers of the appellees to the complaint of the appellant are assigned as errors. In the transcript of the record filed in this court such rulings, with the exceptions thereto of the appellant, are shown, but no further proceedings are set forth in the transcript. What final judgment, if any, was rendered does not appear. Sustaining a demurrer to a complaint is not a final judgment, and from such ruling alone, without the further action of the court, an appeal will not lie. Brannock v. Stocker, 76 Ind. 573 ; Slagle v. Bodmer, 58 Ind. 465 ; Thomas v. Chicago, etc., R. Co., 139 Ind. 462 ; Gray v. Singer, 137 Ind. 257 ; Champ v. Kendrick, 130 Ind. 545 ; City of Jeffersonville v. Tomlin, 7 Ind. App. 681 ; Masten v. Indiana, etc., Co., 19 Ind. App. 633 ; Foster v. Lindley, 20 Ind. App. 155 .

Appeal dismissed.

How later courts describe this case

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

1905: 11908: 21909: 11925: 119052026peak 1908 · 2

Relies on it most ⓘ

  1. Westport Stone Co. v. Thomas83 N.E. 617 (Ind. 1908)
  2. Hopp v. Luken89 N.E. 916 (Ind. Ct. App. 1909)
  3. Ernest v. Grand Trunk Western Railway Co.72 N.E. 1136 (Ind. Ct. App. 1905)
  4. State v. Lanphar147 N.E. 328 (Ind. 1925)
  5. Bush v. Bush83 N.E. 251 (Ind. Ct. App. 1908)

Most recent

  1. State v. Lanphar147 N.E. 328 (Ind. 1925)
  2. Hopp v. Luken89 N.E. 916 (Ind. Ct. App. 1909)
  3. Westport Stone Co. v. Thomas83 N.E. 617 (Ind. 1908)
  4. Bush v. Bush83 N.E. 251 (Ind. Ct. App. 1908)
  5. Ernest v. Grand Trunk Western Railway Co.72 N.E. 1136 (Ind. Ct. App. 1905)

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 8

DepthCaseCited by
Champ v. Kendrick, 30 N.E. 635 (Ind. 1892) 30
Gray v. Singer, 36 N.E. 209 (Ind. 1894) 23
Thomas v. Chicago & Erie Ry. Co., 39 N.E. 44 (Ind. 1894) 19
Slagle v. Bodmer, 58 Ind. 465 (1877) 12
Masten v. Car & Foundry Co., 49 N.E. 981 (Ind. Ct. App. 1898) 11
City of Jeffersonville v. Tomlin, 35 N.E. 29 (Ind. Ct. App. 1893) 7
Brannock v. Stocker, 76 Ind. 573 (1881) 6
Foster v. Lindley, 50 N.E. 367 (Ind. Ct. App. 1898) 3

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