Public-domain · open source
OpenJurist

49 Ind. 97

Russell v. Harrison

Indiana Supreme Court

Decided November 15, 1874

Indiana Supreme Court · decided 1874-11-15

<p>Supeeioe Couet.—Assignment of Error.—The Supreme Court cannot, on an appeal from a superior court, review any question which has not been raised by the assignment of errors in the general term of the lower court on the rulings at the special term.</p>

Cited by 3 later decisions — most recently January 1905

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1874-11-15

View the full empirical analysis of this case →

Pettit, J.

¶1This case was tried and judgment rendered in special term, from which an appeal was taken to the general term, where the judgment was affirmed, from which affirmance an appeal was taken to this court. There was no error assigned in general term on any ruling or action of the court in special term; there was, therefore, no question legally or properly presented to the general term on the action of the court in special term, and hence the general term did not err in affirming the judgment of the special term.

¶2This court has repeatedly held that we can only review, consider, and act upon such questions as are raised by the assignment of errors in the general term on the rulings of the special term.

¶3The judgment is affirmed, at the costs of the appellants.

¶4Petition for a rehearing overruled.

/49/ind/97 · .json · Public domain