Public-domain · open source
OpenJurist

38 Ind. App. 695

Miller v. McKean

Indiana Court of Appeals

Decided October 26, 1906

Indiana Court of Appeals · decided 1906-10-26

<p>Appeal and Eeeor. — Final Judgment. — What is. — A judgment in form: “It is therefore considered and adjudged by the court that the plaintiff pay the costs herein paid, laid out, and expended,” is not final; and an appeal will not lie therefrom.</p>

Cited by 1 later decisions — most recently January 1907

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Appeal dismissed · Decided 1906-10-26

View the full empirical analysis of this case →

Black, J.

¶1The appellant sued to recover of the appellee George E. McKean contribution because of the payment by the appellant of certain alleged debts of these parties, and to set aside a conveyance of real estate made by said McKean to defraud his creditors. Upon the trial of issues *696formed there was a general finding “for the defendants.” The only judgment shown by the record was entered as follows: “It is therefore considered and adjudged by the court that the plaintiff pay the costs herein paid, laid out, and expended.” This is not a final judgment from which an- appeal will lie.

¶2Appeal dismissed.

/38/indapp/695 · .json · Public domain