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Fort Wayne Transfer Co. v. Manier

Fort Wayne Transfer Company v. Manier

Fort Wayne Transfer Co. v. Manier, 130 N.E. 437 (Ind. Ct. App. 1921)
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Court
Indiana Court of Appeals · State Appellate Courts
Decided
April 7, 1921
Docket
No. 10,800
Judges
Nichols
Citations
130 N.E. 43775 Ind. App. 3181921 Ind. App. LEXIS 275
Disposition
Affirmed.
Headnotes
Appeal. — Record.—Omission of Complaint. — On the absence of the complaint from the record no question is presented on appeal.
Summary
From Allen Superior Court; William N.. Ballou, Judge. Action by Earl Manier against the Fort Wayne Transfer Company. From a judgment for plaintiff, the defendant 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 — Nichols

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Nichols, J.

This action purports to be an action by appellee against appellant to recover damages for personal injuries received by appellee through the negligence of appellant. The action was commenced May 18,1918, by filing a complaint in one paragraph. March 3,1919, a second paragraph of complaint was filed. October 10, 1919, the plaintiff dismissed the first paragraph of complaint. The second paragraph of complaint is not in the transcript. There is therefore no complaint in the record and no question is presented. The *319 judgment is affirmed on the authority of Lawrence v. Oliver Typewriter Co. (1912), 51 Ind. App. 434 , 99 N. E. 809 ; Graves v. Jenkins (1915), 58 Ind. App. 500 , 108 N. E. 531 .

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Cited by 0 cases

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Authorities cited 2

DepthCaseCited by
Lawrence v. Oliver Typewriter Co., 99 N.E. 809 (Ind. Ct. App. 1912) 7
Graves v. Jenkins, 108 N.E. 531 (Ind. Ct. App. 1915) 4

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