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64 Ind. 254

Pierson v. Hart

Indiana Supreme Court

Decided November 15, 1878

Indiana Supreme Court · decided 1878-11-15

<p>From the Hancock Circuit Court.</p>

Cited by 5 later decisions — most recently April 1885

5 state decisions

Relies on Harlan v. Watson · Reeder v. Maranda · Herzogg v. Chambers

Good law ✅— No negative treatment on recordhow we know

Decided 1878-11-15

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Howk, C. J.

¶1This was an action by the appellees, as plaintiffs, against the appellant and John R. Reeves, John R. Johnson, Ann Snow and Augustus W. Hough, as defendants, to foreclose a certain mortgage, and to correct a mistake in a certain promissory note, the payment of which note, it was alleged, had been secured by the mortgage.

¶2The defendants demurred to the complaint; the demurrer was overruled, and they excepted.

¶3The appellant, Morris Pierson, separately answered, and issues were joined thereon by proper replies.

¶4The other defendants, Reeves, Johnson, Snow and Hough, were then called and defaulted.

¶5*255The cause was tried by the court without a jury, and a finding was made in favor of the appellees -and against the appellant and all the other defendants, for the amount of the note, and for the foreclosure of the mortgage and the sale „of the mortgaged premises.

¶6The appellant’s separate motion for a new trial having been overruled, and his exception entered, j udgment was rendered by the court, on its finding, against the appellant and all the other defendants.

¶7The appellant, Monis Pierson, alone has appealed and assigned errors in this court. He has not served notice of his appeal upon all of his codefendants, and filed the proof thereof with the clerk of this court, as he was expressly required to do by the provisions of section 551 of the practice act. 2 R. S. 1876, p. 239.

¶8For this failure of the appellant to comply with the express requirements of the statute, the point is made by the appellees’ counsel, that this appeal should be dismissed.

¶9This point is well taken, and this appeal must be dismissed for the reason given. This is in accordance with the established practice of this court, under the provisions of the section of the code above cited; and, whenever the point is made in this court, this rule of practice must be adhered to. Harlan v. Watson, 39 Ind. 393; Reeder v. Maranda, 55 Ind. 239; and Herzogg v. Chambers, 61 Ind. 333.

¶10The appeal in this case is therefore dismissed, at the appellant’s costs. •

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