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38 Ind. 289

Erwine v. Scotten

Indiana Supreme Court

Decided November 15, 1871

Indiana Supreme Court · decided 1871-11-15

<p>APPEAL from the Wayne Common Pleas.</p>

Relies on Kirby v. Holmes · Kain v. Gradon

Decided 1871-11-15

Pettit, J.

¶1This suit was brought on a promissory note by the appellee against William P. Erwine, Edwin Erwine, and William Conner. The process was returned served on William P. Erwine and William Conner, but Edwin Erwine was not found, which was noticed on the record. There was a trial had and a judgment rendered against William P. Erwine and William Conner, and William P. Erwine only prayed and took an appeal. He has not given notic'e to his co-defendant of the appeal, and the appeal must be dismissed. 2 G. & H. 270; Kirby v. Holmes, 6 Ind. 33; Kain v. Gradon, 6 Blackf. 138; and Wickham, v. Hess, ante, p. 183.

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

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