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22 Ind. 275

Berry v. Berry

Indiana Supreme Court

Decided May 15, 1864

Indiana Supreme Court · decided 1864-05-15

<p>Apeeal.—Where no appeal was prayed, and no bond given in the Court below, a cause can not be properly appealed as from an interlocutory order, under the second specification of section 576, 2 G & H. 276.</p>

Cited by 1 later decisions — most recently May 1869

1 state decisions

Relies on Staley v. Dorset · Crane v. Evansville Insurance

Good law ✅— No negative treatment on recordhow we know

Decided 1864-05-15

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Per Curiam.

¶1This was an application for partition of lands. After the Court had found the respective shares of the parties and ordered a partition, an appeal was taken to this Court and dismissed, because prematurely taken. Berry v. Berry, 13 Ind. 446. The record before us shows that afterwards commissioners were appointed to make partition, who reported that the land was not susceptible of division without injuring the parties, &e. An order was entered and a commissioner appointed to make sale of said lands, from which no appeal was prayed nor bond given. Eor several tdiuns after this was done the only entries appear to have been orders for continuance. The record is now brought here. See Staley et al. v. Dorst, 11 Ind. 367, which is decisive of this.

¶2The appeal is dismissed ,at costs of appellant.

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