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42 Ind. 505

Hays v. Johns

Indiana Supreme Court

Decided May 15, 1873

Indiana Supreme Court · decided 1873-05-15

<p>Practice.—Assignment of Error.—“ On the Transcript.”—When there is no assignment of errors “ on the transcript,” as required by section 568, 2 G. & H. 275, the appeal will be dismissed on motion of appellee, although such assignment be made upon a detached paper among the papers in the case.</p>

Good law ✅— No negative treatment on recordhow we know

Decided 1873-05-15

How this case has been cited

Cited by 4 later decisions — most recently October 1937

4 state decisions

201873188018901900191019201930decided

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.

¶1In this case there is no assignment of errors “ on the transcript,” as required by the statute. 2 G. & H. 275, sec. 568. There is among the papers filed in the cause what purports to be an abstract of the record, and on this paper there is an assignment of error. It was clearly intended that errors should be assigned, in the language of the statute, “ on the transcript,” and not on loose and detached pieces of paper. A motion which the appellee has filed to dismiss the appeal for the want of a proper assignment of error must be sustained.

¶2The appeal is dismissed, with costs.

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