Public-domain · open source
OpenJurist

57 Ind. 598

Thiebaud v. Dufour

Indiana Supreme Court

Decided July 1, 1877

Indiana Supreme Court · decided 1877-07-01

<p>Supreme Court.—Appeal.—Judgment.—Trustee.—Report of.—Tlie refusal of the circuit court to confirm a report made by the trustee of an express trust, under a will, is not a final judgment from which an appeal will lie to the Supreme Court, but is merely an interlocutory order.</p> <p>Same.—Interlocutory Order.—Statute Construed.—No appeal lies, under section 189 of the decedents’ act, (2 R. S. 1876, p. 557,) from an interlocutory order, except as authorized by section 576 of the practice act (2 R. S. 1876, p. 245).</p>

Relies on Goodwin v. Goodwin · Hamlyn v. Nesbit · Reese v. Beck

Good law ✅— No negative treatment on recordhow we know

Decided 1877-07-01

How this case has been cited

Cited by 7 later decisions — most recently November 1942

7 state decisions

2018771880189019001910192019301940decided

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.

View the full empirical analysis of this case →

Biddle, C. J.

¶1The appellant, trustee of the appellee, under the will of Charles A. Thiebaud, deceased, filed his report in the Switzerland Circuit Court.

¶2The appellee excepted to the report, and filed seven paragraphs of exceptions, upon which the court took the following action:

¶3“And said report, together with said exceptions, being submitted to the court, and evidence heard, the court refused to approve said report, to which refusal the. said trustee excepts, and 60 days • time is given to file a bill of exceptions.”

¶4This is the only judgment of the court shown in the record. The appellant filed his bill of exceptions within the sixty days, and appealed to this court.

¶5This is not a final j udgment. It is a mere interlocutory order, from which no appeal will lie. No appeal will lie from an interlocutory order under section 189 of the decedents’ act, 2 R. S. 1876, p. 557, except such as are embraced in section 576 of the practice act, 2 R. S. 1876, p. 245. Woolley v. The State, 8 Ind. 377; Reese v. Beck, 9 Ind. 238; Reed’s Adm'r v. Reed, 30 Ind. 313; Reed v. Reed, 44 Ind. 429; Hamlyn v. Nesbit, 37 Ind. 284; Goodwin v. Goodwin, 48 Ind. 584; Wood v. Wood, 51 Ind. 141; Buskirk Prac. 39, 40.

¶6Eor want of jurisdiction, the appeal is dismissed, at the costs of the appellant.

/57/ind/598 · .json · Public domain