Clester v. Gibson

Indiana Supreme Court

Clester v. Gibson

15 Ind. 10, 1860 Ind. LEXIS 268

CourtIndiana Supreme Court

DecidedNovember 26, 1860

StatusPublished

Cited by4 cases

This text of 15 Ind. 10 (Clester v. Gibson) is published on Counsel Stack Legal Research, covering Indiana Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Clester v. Gibson, 15 Ind. 10, 1860 Ind. LEXIS 268 (Ind. 1860).

Pincite

Opinion

Per Curiam.

This was a complaint for partition of real estate, Clester was the defendant below, and Gibson and [11]*11others, the plaintiffs. The issues were submitted to a jury; verdict for the plaintiffs. Defendant moved for a new trial; but his motion was overruled, and he excepted. Thereupon, the court ordered partition, &c., and appointed commissioners , 1 , x 1 , to make it, who were directed to report at a subsequent term. Defendant appeals to this Court. We have often decided that an order for partition, and the appointment of commissioners to make partition, do not constitute a final judgment in the cause, and that, until the coming in of the report of the commissioners, there is no appeal to the Supreme Court. Griffin v. Griffin, 10 Ind. 170.—Cook et al. v. Knickerbocker, 11 Ind. 230.—Hunter v. Miller, Id. 356. It follows, that the appeal in this case, must be dismissed.

J. Broxonlee, for appellant. Isaac Van Decanter and James F. McDowell, for appellee.

Appeal dismissed with costs.

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Per Curiam.

This was a complaint for partition of real estate, Clester was the defendant below, and Gibson and [11]*11others, the plaintiffs. The issues were submitted to a jury; verdict for the plaintiffs. Defendant moved for a new trial; but his motion was overruled, and he excepted. Thereupon, the court ordered partition, &c., and appointed commissioners , 1 , x 1 , to make it, who were directed to report at a subsequent term. Defendant appeals to this Court. We have often decided that an order for partition, and the appointment of commissioners to make partition, do not constitute a final judgment in the cause, and that, until the coming in of the report of the commissioners, there is no appeal to the Supreme Court. Griffin v. Griffin, 10 Ind. 170.—Cook et al. v. Knickerbocker, 11 Ind. 230.—Hunter v. Miller, Id. 356. It follows, that the appeal in this case, must be dismissed.

J. Broxonlee, for appellant. Isaac Van Decanter and James F. McDowell, for appellee.

Appeal dismissed with costs.

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Bluebook (online)

15 Ind. 10, 1860 Ind. LEXIS 268, Counsel Stack Legal Research, https://law.counselstack.com/opinion/clester-v-gibson-ind-1860.

Opinion

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