Mills v. Byram

Indiana Court of Appeals

Mills v. Byram

45 N.E. 525, 16 Ind. App. 698, 1896 Ind. App. LEXIS 418

CourtIndiana Court of Appeals

DecidedDecember 2, 1896

DocketNo. 2,052

StatusPublished

Cited by2 cases

This text of 45 N.E. 525 (Mills v. Byram) 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

Mills v. Byram, 45 N.E. 525, 16 Ind. App. 698, 1896 Ind. App. LEXIS 418 (Ind. Ct. App. 1896).

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Opinion

Lotz, C. J.

The only question arising on this appeal is presented by a bill of exceptions. There is a bill of exceptions in the record, [699]*699signed by the presiding judge, but there is no certificate of the clerk showing that the bill was ever filed in the court below, or that the bill was a part of the proceedings in the court below. The clerk of the trial court should duly certify to the transcript and to all documents and papers which were a part of the proceedings in the court below, and which he transmits to this court. Without such certificate under the seal of that court this court has no means of knowing whether or not the record presented is the one upon which the court below rendered the judgment. Dodge v. Morrow, 14 Ind. App. 534.

Judgment affirmed.

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Lotz, C. J.

The only question arising on this appeal is presented by a bill of exceptions. There is a bill of exceptions in the record, [699]*699signed by the presiding judge, but there is no certificate of the clerk showing that the bill was ever filed in the court below, or that the bill was a part of the proceedings in the court below. The clerk of the trial court should duly certify to the transcript and to all documents and papers which were a part of the proceedings in the court below, and which he transmits to this court. Without such certificate under the seal of that court this court has no means of knowing whether or not the record presented is the one upon which the court below rendered the judgment. Dodge v. Morrow, 14 Ind. App. 534.

Judgment affirmed.

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Bluebook (online)

45 N.E. 525, 16 Ind. App. 698, 1896 Ind. App. LEXIS 418, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mills-v-byram-indctapp-1896.

Opinion

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