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Comstock v. Stoner

Comstock v. Stoner, 66 N.E. 501 (Ind. Ct. App. 1903)
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Court
Indiana Court of Appeals · State Appellate Courts
Decided
February 25, 1903
Docket
No. 4,308
Judges
Black
Citations
66 N.E. 50130 Ind. App. 5291903 Ind. App. LEXIS 46
Disposition
Appeal dismissed.
Headnotes
Appeal and Error. — Transcript.—Certificate of Clerk. — Seal of Court.— Dismissal of Appeal. — Where the certificate of the clerk to the transoript is not authenticated by the seal of the court, the appeal will be dismissed.
Summary
From Elkhart Circuit Court; J. D. Ferrall, Judge. Action by John D. Comstock against Laura E. Stoner. From a judgment for defendant, plaintiff appeals.

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

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Black, P. J.

The certificate of the clerk below to the transcript on appeal in this cause has not the seal of the court affixed thereto. Therefore the transcript is not authenticated as required by the statute and the decisions of the Supreme Court and of this Court. §661 Burns 1901; Jackson v. Van Devender, 76 Ind. 27 ; Conkey v. Conder, 137 Ind. 441 ; Watson v. Finch, 150 Ind.183; Fidelity, *530 etc.. Union v. Byrd, 154 Ind. 47 ; Board, etc., v. State, ex rel., 156 Ind. 550 ; Garrigus v. Board, etc., 22 Ind. App. 303 ; Ewbank’s Manual, §117.

Appeal dismissed.

How later courts describe this case

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

1937: 119372026peak 1937 · 1

Relies on it most ⓘ

  1. Lindley v. Seward5 N.E.2d 998 (Ind. Ct. App. 1937)

Most recent

  1. Lindley v. Seward5 N.E.2d 998 (Ind. Ct. App. 1937)

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 5

DepthCaseCited by
Conkey v. Conder, 37 N.E. 132 (Ind. 1894) 12
4 Fid. Bldg. & Sav. Union v. Byrd, 55 N.E. 867 (Ind. 1900) 11
Bd. of Comm'rs v. State ex rel. Underwood, 60 N.E. 344 (Ind. 1901) 8
Garrigus v. Bd. of Comm'rs, 53 N.E. 776 (Ind. Ct. App. 1899) 4
Jackson v. Van Devender, 76 Ind. 27 (1881) 3

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