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83 Ind. 600

Newcomer v. Perril

Indiana Supreme Court

Decided May 15, 1882

Indiana Supreme Court · decided 1882-05-15

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

Cited by 1 later decisions — most recently June 1922

1 state decisions

Relies on Johnson v. Wiley · Estate of Wells v. Wells · Dunn v. Hubble

Good law ✅— No negative treatment on recordhow we know

Decided 1882-05-15

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Elliott, J.

¶1It is impossible to understand or decide the questions involved in this cause without an examination of the entire evidence, and it is well settled that in such a case the appeal will be unavailing unless: all the evidence is in the record. Johnson v. Wiley, 74 Ind. 233; Wells v. Wells, 71 Ind. 509.

¶2It is quite as well settled that where time is given for the filing of a bill of exceptions, the record must affirmatively show that the bill was filed, within the time prescribed. Singer, etc., Co. v. Struckman, 72 Ind. 601; Dunn v. Hubble, 81 Ind. 489.

¶3It must appear from the record, independently of the recital in the bill itself, that it was filed within the time designated by the court. Stivers v. McConnell, 39 Ind. 240.

¶4In this case it is not even shown that any bill of exceptions was ever filed, much less that it was filed in time.

¶5J udgment- affirmed.

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