Public-domain · open source
OpenJurist

222 Ind. 282

52 N.E.2d 839

Freeman v. Cangany

Indiana Supreme Court

Decided February 10, 1944

Indiana Supreme Court · decided 1944-02-10

Cited by 1 later decisions — most recently April 1949

1 state decisions

Key passage — most relied on by later courts

““While this court is always reluctant to dispose of an appeal without passing upon the questions which the parties desire to have adjudicated, it is, nevertheless, imperative that there be a good-faith and substantial compliance with those rules of procedure which long experience has demonstrated are essential to the orderly administration of justice. To relax these rules in the instant case would be to establish a precedent logically leading to their ultimate abandonment. This we cannot afford to do.” (My emphasis).”

quoted by 1 later decision, including 119 Ind. App. 184 - Bromley v. City of Indianapolis

Good law ✅— No negative treatment on recordhow we know

Decided 1944-02-10

View the full empirical analysis of this case →

Shake, J.

¶1 The trial court' directed a verdict against the appellant, who was plaintiff below, at the conclusion of his evidence. There was a judgment to the effect that he take nothing and he has appealed, assigning error on the overruling of his motion for a new trial.

¶2 The appellant sought to recover a disability pension from the Indianapolis Street Railway Company Employees’ Pension Fund Association, an unincorporated body, but it is wholly impossible for us to consider the merits of the case without resorting to an extensive search of the record. The appellant’s brief does not-disclose the .title of the cause or the capacity in which the appellees were sued. It is not made to appear that the appellee Indianapolis Railways, Inc., was in anyway connected with the subject-matter of the litigation. Only a fragment of the complaint is set out and this is insufficient to reveal the theory of that pleading.

¶3 While this court is always reluctant to dispose of an appeal without passing upon the questions which the parties desire to have adjudicated, it is, nevertheless, imperative that there be a good-faith and substantial compliance with those rules of procedure which long experience has demonstrated are essential to the orderly administration of justice. To relax these rules in the instant case would be to *284 establish a precedent logically leading to their ultimate abandonment. This we cannot afford to do.

¶4 The judgment is affirmed.

¶5 Note.—Reported in 52 N. E. (2d) 839.

/222/ind/282 · .json · Public domain