Johnson v. Crowder

Indiana Court of Appeals

Johnson v. Crowder

42 N.E. 364, 15 Ind. App. 28, 1895 Ind. App. LEXIS 1

Indiana Court of Appeals·Decided December 13, 1895·No. No. 1,560·Published

Opinion

Gavin, C. J.

The record in this case was filed Nov. 30, 1894. The cause was submitted Jan. 12, 1895. No brief has been filed by appellant, save that which is styled a supersedeas brief. Appellee moves to dismiss for want of brief within sixty days of submission as required by Rule 19.

A supersedeas brief properly referring to the record and stating concisely some of the propositions relied upon for reversal, with an argument supporting the same, will be sufficient to prevent a dismissal under this rule. Louisville, etc., R. W. Co. v. Widman, [29] 9 Ind. App. 190; Louisville, etc., R. W. Co. v. Grantham, 104 Ind. 353.

Filed December 13, 1895; petition for rehearing overruled April 3, 1896.

The supersedeas brief in this case, however, contains neither argument nor authorities. It is merely a brief statement of the rulings of the court relied upon as erroneous. This falls far short of being such a brief as conforms to the requirements of the law. Island Coal Co. v. Clemmitt, 12 Ind. App. 206.

Appeal dismissed.

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Gavin, C. J.

The record in this case was filed Nov. 30, 1894. The cause was submitted Jan. 12, 1895. No brief has been filed by appellant, save that which is styled a supersedeas brief. Appellee moves to dismiss for want of brief within sixty days of submission as required by Rule 19.

A supersedeas brief properly referring to the record and stating concisely some of the propositions relied upon for reversal, with an argument supporting the same, will be sufficient to prevent a dismissal under this rule. Louisville, etc., R. W. Co. v. Widman, [29] 9 Ind. App. 190; Louisville, etc., R. W. Co. v. Grantham, 104 Ind. 353.

Filed December 13, 1895; petition for rehearing overruled April 3, 1896.

The supersedeas brief in this case, however, contains neither argument nor authorities. It is merely a brief statement of the rulings of the court relied upon as erroneous. This falls far short of being such a brief as conforms to the requirements of the law. Island Coal Co. v. Clemmitt, 12 Ind. App. 206.

Appeal dismissed.

Johnson v. Crowder, 42 N.E. 364, 15 Ind. App. 28, 1895 Ind. App. LEXIS 1 (Ind. Ct. App. 1895).

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Opinion

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