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34 Ind. 292

Carr v. Thomas

Indiana Supreme Court

Decided November 15, 1870

Indiana Supreme Court · decided 1870-11-15

<p>Bill of Exceptions.—Striking Cause from Docket.—The Supreme Court will presume in favor of the action of the court below in striking a cause from its docket, where the ground on which the order was'made is not shown by a bill of exceptions.</p>

Relies on Conoway v. Weaver · Engard v. Frazier

Good law ✅— No negative treatment on recordhow we know

Decided 1870-11-15

How this case has been cited

Cited by 4 later decisions — most recently December 1915

4 state decisions

2018701880189019001910decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Worden, J.

¶1This was a complaint by the appellant against the appellee for an injunction. On motion of defendant below, the cause was ordered by the court below, to be stricken' from the docket, to which the'plaintiff excepted, but filed no bill of exceptions, nor does it in any way appear on what ground the order was made. In the absence of any showing to the contrary, we must presume that the order was correctly made. Conoway v. Weaver, 1 Ind. 263. The ground of the action of the court shoúld have been made to appear by a bill of exceptions. Engard v. Frazier, 7 Ind. 154.

¶2The judgment is affirmed, with costs.

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