123 Ind. App. 421 - Weiland v. Scheuch’s Empirical Analysis

Citation profile

6 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Strict application of the law pertaining to appellate procedure and our rules governing the briefing of cases on appeal leaves us little or nothing to decide. The appellant has appealed from the judgment herein in her representative capacity. As was said by this court in Union, etc., Trust Co. v. Eddingfield, 1922, 78 Ind.App. 286 , 134 N.E. 497 , 498: “The order of revocation was self-executing. It took effect immediately. An appeal does not operate to suspend the effect of such an order. The order completely stripped the trust company of its authority, and took away its representative capacity. Thereby its prior connection with the estate was completely severed.” The court then quotes from Taylor v. Savage,. 1843, 1 How. 282 , 42 U.S. 282 , 11 L.Ed. 132 , wherein the Supreme Court of the United States said that the personal representative of a deceased person, who has been removed from his office of trust, has no control over the decedent’s estate “nor any right to interfere with it by prosecuting an appeal” from the removal order. Thus it seems settled that the present appellant was personally aggrieved by the judgment in question and she should have appealed as an individual and not in a capacity she no longer occupies.”

   1 later decision quote this exact passage
   e.g. Simon v. Simon