Love v. Mikals

Indiana Supreme Court

Love v. Mikals

12 Ind. 439

CourtIndiana Supreme Court

DecidedJune 10, 1859

StatusPublished

Cited by2 cases

This text of 12 Ind. 439 (Love v. Mikals) 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

Love v. Mikals, 12 Ind. 439 (Ind. 1859).

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Opinion

Per Curiam.

Mikals, as administrator, filed his petition praying for an order to sell certain real estate of his intestate, to pay debts, &c. An order was granted, from which the defendants appeal. The appeal is prematurely taken, and cannot be sustained. The order for the sale is not a “final judgment” from which an appeal lies, under the provisions of § 556, 2 R. S. p. 159. This was settled in the case -of Staley v. Dorset, 11 Ind. R. 367. That case was like the present, and must govern it.

The appeal is dismissed with costs.

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Per Curiam.

Mikals, as administrator, filed his petition praying for an order to sell certain real estate of his intestate, to pay debts, &c. An order was granted, from which the defendants appeal. The appeal is prematurely taken, and cannot be sustained. The order for the sale is not a “final judgment” from which an appeal lies, under the provisions of § 556, 2 R. S. p. 159. This was settled in the case -of Staley v. Dorset, 11 Ind. R. 367. That case was like the present, and must govern it.

The appeal is dismissed with costs.

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Bluebook (online)

12 Ind. 439, Counsel Stack Legal Research, https://law.counselstack.com/opinion/love-v-mikals-ind-1859.

Opinion

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