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41 Ind. App. 39

Bush v. Bush

Indiana Court of Appeals

Decided January 10, 1908

Indiana Court of Appeals · decided 1908-01-10

Prom Whitley Circuit Court; Joseph W. Adair, Judge. Pinal report of Albert Bush, as administrator of the estate of Joseph Bush, deceased, to which Catherine Bush files exceptions. Prom an order striking out such exceptions, ex-ceptor appeals.

Cited by 2 later decisions — most recently October 1931

2 state decisions

Relies on Neyens v. Flesher · Natcher v. Natcher · James v. Lake Erie & Western Railway Co.

Good law ✅— No negative treatment on recordhow we know

Appeal dismissed · Decided 1908-01-10

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Hadley, P. J.

¶1Appellant filed special objections to the final report of appellee. Appellee moved to strike out said objections. The record shows the following entry on said motion: “The court now sustains said motion, to which ruling of the court said Catherine Bush excepts, and prays an appeal to the Appellate Court of the State of Indiana, which said appeal is granted, and the appeal bond is fixed at $100, and said bond is to be filed within ten days, with John M. Taylor and Henry Liekey as sureties thereon. ’ ’

¶2No other order or judgment was made upon said ruling. *40This is not a final judgment, neither is it such an interlocutory order as comes within the statute authorizing appeals from interlocutory orders. This court therefore has no jurisdiction over the same. Neyens v. Flesher (1907), 39 Ind. App. 399; James v. Lake Erie, etc., R. Co. (1896), 144 Ind. 630; State, ex rel., v. Herod (1898), 21 Ind. App. 177; Jager v. Doherty (1878), 61 Ind. 528; Natcher v. Natcher (1899), 153 Ind. 368.

¶3Appeal dismissed.

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