152 Ind. App. 29 - Perry v. Baron’s Empirical Analysis

Citation profile

3 federal appellate · 8 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 11 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The Judge’s certificate to the transcript of the evidence approving the same and ordering it to be filed is dated December 13, 1971, four days after the clerk purported to certify the same as having been approved by the Judge and filed. There is no order book entry showing the filing of the transcript of the evidence with the clerk. We have carefully examined every page of the transcript of the evidence, and nowhere does the file stamp of the trial court clerk appear thereon as evidence of its having been filed with the clerk of the trial court. We, therefore, conclude that the transcript of the evidence was not made a part of the record, is not properly before us, and we cannot decide the issues attempted to be raised by the appellant, all of which require a consideration of the evidence for their decision. Pintozzi et al. v. Small et al., supra; Murphy et al. v. Hendrick (1959), 129 Ind. App. 655 , 157 N.E.2d 306 ; Wiltrout, Indiana Practice, Vol. 3, § 2363. “This Court has previously held that where it is not properly shown that the bill of exceptions was filed, it is not a part of the record on appeal. Coney v. Farmers State Bank (1970), [146] Ind. App. [483], 256 N.E.2d 692 ; Findling v. Findling (1963), 134 Ind. App. 661 , 186 N.E.2d 892 . “Our Supreme Court amended its Rule AP. 7.2, effective January 1, 1971, to require that the transcript of the proceedings at the trial be presented to the trial judge who shall examine the same; if correct, sign the same, and order t”

   1 later decision quote this exact passage · from the majority
   e.g. 160 Ind. App. 680 - Jackson v. Jackson