Moss v. Kendall

Decided May 15, 1863

Indiana Supreme Court · decided 1863-05-15

<p>Practice — Bill op Exceptions. — Where time is given for the filing of a bill of exceptions, and the bill is not filed within that time, it. cannot be considered a part of the record in this Court,</p>

Cited by 1 later decisions — most recently May 1871

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1863-05-15

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Hanna, J.

¶1Moss sued Kendall to recover possession of certain described lands, of which he averred he was the owner. Answer, denial. Trial by the Court, finding and judgment for the defendant.

¶2The case appears to have been submitted upon an agreed statement of facts.

¶3We can not disturb this judgment for the reason: Sixty days were given to perfect a bill of exceptions; that which purports to be such bill was not filed for more than four months after the time.

Per Curiam.

¶4The judgment is affirmed, with costs.