Bush v. Bush

Indiana Court of Appeals

Bush v. Bush

83 N.E. 251, 41 Ind. App. 39, 1908 Ind. App. LEXIS 126

Indiana Court of Appeals·Decided January 10, 1908·No. No. 6,090·Published·Cited by 1 cases

Opinion

Hadley, P. J.

Appellant filed special objections to the final report of appellee. Appellee moved to strike out said objections. The record shows the following entry on said motion: “The court now sustains said motion, to which ruling of the court said Catherine Bush excepts, and prays an appeal to the Appellate Court of the State of Indiana, which said appeal is granted, and the appeal bond is fixed at $100, and said bond is to be filed within ten days, with John M. Taylor and Henry Liekey as sureties thereon. ’ ’

No other order or judgment was made upon said ruling. [40] This is not a final judgment, neither is it such an interlocutory order as comes within the statute authorizing appeals from interlocutory orders. This court therefore has no jurisdiction over the same. Neyens v. Flesher (1907), 39 Ind. App. 399; James v. Lake Erie, etc., R. Co. (1896), 144 Ind. 630; State, ex rel., v. Herod (1898), 21 Ind. App. 177; Jager v. Doherty (1878), 61 Ind. 528; Natcher v. Natcher (1899), 153 Ind. 368.

Appeal dismissed.

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Hadley, P. J.

Appellant filed special objections to the final report of appellee. Appellee moved to strike out said objections. The record shows the following entry on said motion: “The court now sustains said motion, to which ruling of the court said Catherine Bush excepts, and prays an appeal to the Appellate Court of the State of Indiana, which said appeal is granted, and the appeal bond is fixed at $100, and said bond is to be filed within ten days, with John M. Taylor and Henry Liekey as sureties thereon. ’ ’

No other order or judgment was made upon said ruling. [40] This is not a final judgment, neither is it such an interlocutory order as comes within the statute authorizing appeals from interlocutory orders. This court therefore has no jurisdiction over the same. Neyens v. Flesher (1907), 39 Ind. App. 399; James v. Lake Erie, etc., R. Co. (1896), 144 Ind. 630; State, ex rel., v. Herod (1898), 21 Ind. App. 177; Jager v. Doherty (1878), 61 Ind. 528; Natcher v. Natcher (1899), 153 Ind. 368.

Appeal dismissed.

Bush v. Bush, 83 N.E. 251, 41 Ind. App. 39, 1908 Ind. App. LEXIS 126 (Ind. Ct. App. 1908).

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Opinion

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