Norton v. Board of Commissioners

Indiana Supreme Court

Norton v. Board of Commissioners

8 Ind. 43

DecidedNovember 24, 1856

StatusPublished

This text of 8 Ind. 43 (Norton v. Board of Commissioners) 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

Norton v. Board of Commissioners, 8 Ind. 43 (Ind. 1856).

Pincite

Opinion

Per Curiam.

On the 15th day of March, 1853., the appellant commenced an action of assumpsit against the appellees in the Huntington Common Pleas. The cause was tried in April following’, and resulted in a verdict and judgment for the plaintiff. An appeal was taken by the defendant to the Circuit Court on the 2d day of May, 1853. At the February, term, 1854, of the Circuit Court, the plaintiff moved to dismiss the appeal, which motion was overruled. There was a trial by jury, verdict for the defendant, motion for a new trial overruled,, and judgment, from which the plaintiff appeals to this-Court. This case comes within the case of Langdon v. Applegate, 5 Ind. R. 327. The Circuit Court should have dismissed" the appeal on the plaintiff’s motion.

The judgment is reversed with costs. Cause remand[44]*44ed to the Circuit Court, with instructions to dismiss the appeal.

L. P. Milligan and J. R. Coffroth, for the appellant.

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Per Curiam.

On the 15th day of March, 1853., the appellant commenced an action of assumpsit against the appellees in the Huntington Common Pleas. The cause was tried in April following’, and resulted in a verdict and judgment for the plaintiff. An appeal was taken by the defendant to the Circuit Court on the 2d day of May, 1853. At the February, term, 1854, of the Circuit Court, the plaintiff moved to dismiss the appeal, which motion was overruled. There was a trial by jury, verdict for the defendant, motion for a new trial overruled,, and judgment, from which the plaintiff appeals to this-Court. This case comes within the case of Langdon v. Applegate, 5 Ind. R. 327. The Circuit Court should have dismissed" the appeal on the plaintiff’s motion.

The judgment is reversed with costs. Cause remand[44]*44ed to the Circuit Court, with instructions to dismiss the appeal.

L. P. Milligan and J. R. Coffroth, for the appellant.

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Bluebook (online)

8 Ind. 43, Counsel Stack Legal Research, https://law.counselstack.com/opinion/norton-v-board-of-commissioners-ind-1856.