Spellman v. First National Bank

Indiana Supreme Court

Spellman v. First National Bank

39 Ind. 244

DecidedMay 15, 1872

StatusPublished

This text of 39 Ind. 244 (Spellman v. First National Bank) 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

Spellman v. First National Bank, 39 Ind. 244 (Ind. 1872).

Pincite

Opinion

Pettit, J.

Appellee brought suit on a note payable in bank against Hinkle, Wright, and Spellman, the appellant. Hinkle was not served with process, nor did he appear. Issues were formed as to Wright and Spellman, trial by the court, and judgment rendered against them jointly. Spell-man only appealed, and has assigned errors, but has not given notice to his co-party, as required by sec. 551, 2 G. & H. 270. Following numerous rulings of the court, both formerly and latterly, the appeal must be dismissed, which is done at appellant’s costs.

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Pettit, J.

Appellee brought suit on a note payable in bank against Hinkle, Wright, and Spellman, the appellant. Hinkle was not served with process, nor did he appear. Issues were formed as to Wright and Spellman, trial by the court, and judgment rendered against them jointly. Spell-man only appealed, and has assigned errors, but has not given notice to his co-party, as required by sec. 551, 2 G. & H. 270. Following numerous rulings of the court, both formerly and latterly, the appeal must be dismissed, which is done at appellant’s costs.

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Bluebook (online)

39 Ind. 244, Counsel Stack Legal Research, https://law.counselstack.com/opinion/spellman-v-first-national-bank-ind-1872.