Bush v. Bush

Indiana Court of Appeals

Bush v. Bush

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

CourtIndiana Court of Appeals

DecidedJanuary 10, 1908

DocketNo. 6,090

StatusPublished

Cited by1 cases

This text of 83 N.E. 251 (Bush v. Bush) is published on Counsel Stack Legal Research, covering Indiana Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

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

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]*40This 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]*40This 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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83 N.E. 251, 41 Ind. App. 39, 1908 Ind. App. LEXIS 126, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bush-v-bush-indctapp-1908.

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