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1 Smith & H. 142

Conaway v. Weaver

Indiana Supreme Court

Decided November 15, 1848

Indiana Supreme Court · decided 1848-11-15

This was an appeal to the Circuit Court from the decision of the board of township trustees of Union township, Ohio county, to whom jurisdiction had. been given by a local law, upon an application for a re-view and re-location of part of a county road running through land belonging to Conaway.

Relies on Blaney v. Findley

Decided 1848-11-15

Smith, J.

¶1— '• These statements by the clerk, so far, at least, as they purport to disclose, the grounds upon, which the Court acted in dismissing the appeal, are not legitimate]}7' a part of the record, and cannot be regarded. Blany v. Findlay, 2 Blackf. 338; Wilson v. Coles, id. 402; Ross v. Misner, 3 id. 362; Richardson v. St. Joseph's Iron Co., 5 id. 149. We are, therefore, only informed that the, Circuit Court dismissed the appeal, and as there is no bill of exceptions showing the reasons of the Court for so doing, they must be presumed to have been sufficient.”

¶2Judgment affirmed, &c„

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