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52 Ind. 327

Hendricks v. Hargrave

Indiana Supreme Court

Decided May 15, 1876

Indiana Supreme Court · decided 1876-05-15

<p>Exception.—Demmrer.—The action of a court in overruling a demurrer cannot be presented to the Supreme Court, when no exception has been taken to the ruling.</p>

Decided 1876-05-15

Pettit, J.

¶1The appellee brought suit for a mandate :against the appellant, to compel him to issue a commission to the appellee as judge of the Criminal Circuit Court of Vanderburgh county. A demurrer for want of sufficient facts to the complaint was overruled, and this ruling alone is .assigned for error. No exception was taken to this ruling, .and, therefore, no question is presented in the record for ■our consideration.

¶2The judgment is affirmed, at the costs of the appellant.

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