State ex rel. Neal v. Kamp

Indiana Supreme Court

State ex rel. Neal v. Kamp

11 N.E. 960, 111 Ind. 56, 1887 Ind. LEXIS 209

CourtIndiana Supreme Court

DecidedMay 19, 1887

DocketNo. 12,408

StatusPublished

Cited by4 cases

This text of 11 N.E. 960 (State ex rel. Neal v. Kamp) 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

State ex rel. Neal v. Kamp, 11 N.E. 960, 111 Ind. 56, 1887 Ind. LEXIS 209 (Ind. 1887).

Pincite

Opinion

Elliott, C. J.

The appellee’s motion to dismiss this appeal must be sustained. It ip shown, without contradiction, that the appellee has paid, and the appellant has accepted payment of the judgment from which this appeal is prosecuted. There is, therefore, nothing actually in controversy, and in such a case this court will not entertain the appeal. Monnett v. Hemphill, 110 Ind. 299. Section 632, R. S. 1881, forbids a party who has received money in satisfaction of a. judgment from prosecuting an appeal.

Appeal dismissed.

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Elliott, C. J.

The appellee’s motion to dismiss this appeal must be sustained. It ip shown, without contradiction, that the appellee has paid, and the appellant has accepted payment of the judgment from which this appeal is prosecuted. There is, therefore, nothing actually in controversy, and in such a case this court will not entertain the appeal. Monnett v. Hemphill, 110 Ind. 299. Section 632, R. S. 1881, forbids a party who has received money in satisfaction of a. judgment from prosecuting an appeal.

Appeal dismissed.

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Bluebook (online)

11 N.E. 960, 111 Ind. 56, 1887 Ind. LEXIS 209, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-neal-v-kamp-ind-1887.

Opinion

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