Thompson v. Travis

Indiana Supreme Court

Thompson v. Travis

89 N.E.2d 944, 220 Ind. 1, 1942 Ind. LEXIS 182

CourtIndiana Supreme Court

DecidedMarch 10, 1942

DocketNo. 27,658.

StatusPublished

Cited by1 cases

This text of 89 N.E.2d 944 (Thompson v. Travis) 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

Thompson v. Travis, 89 N.E.2d 944, 220 Ind. 1, 1942 Ind. LEXIS 182 (Ind. 1942).

Pincite

Opinion

Per Curiam.

The judgment from which this appeal is attempted to be taken is designated by the parties as a declaratory judgment. The declaration of rights, however, • seems to be merely incidental to a decree which grants a permanent injunction to the appellees Travis and Tanner on their complaint and to an intervenor, appellee Tomlinson, upon his cross-complaint. It is asserted in the complaint that a constitutional question is involved if a statute mentioned therein is given a certain construction. But the briefs do not present any such question. This court is without jurisdiction of the appeal, § 4-214, Burns’ 1933, § 1356, Baldwin’s 1934. Ross, Rec. v. Terre Haute, etc., Traction Co. (1930), 202 Ind. 698, 171 N. E. 665. Accordingly the cause is hereby ordered to be transferred *3 to the Appellate Court of Indiana pursuant to § 4-217, Burns’ 1933, § 1362, Baldwin’s 1934.

Note.—Reported in 39 N. E. (2d) 944.

Free access — add to your briefcase to read the full text and ask questions with AI

Per Curiam.

The judgment from which this appeal is attempted to be taken is designated by the parties as a declaratory judgment. The declaration of rights, however, • seems to be merely incidental to a decree which grants a permanent injunction to the appellees Travis and Tanner on their complaint and to an intervenor, appellee Tomlinson, upon his cross-complaint. It is asserted in the complaint that a constitutional question is involved if a statute mentioned therein is given a certain construction. But the briefs do not present any such question. This court is without jurisdiction of the appeal, § 4-214, Burns’ 1933, § 1356, Baldwin’s 1934. Ross, Rec. v. Terre Haute, etc., Traction Co. (1930), 202 Ind. 698, 171 N. E. 665. Accordingly the cause is hereby ordered to be transferred *3 to the Appellate Court of Indiana pursuant to § 4-217, Burns’ 1933, § 1362, Baldwin’s 1934.

Note.—Reported in 39 N. E. (2d) 944.

Cite This Page — Counsel Stack

Bluebook (online)

89 N.E.2d 944, 220 Ind. 1, 1942 Ind. LEXIS 182, Counsel Stack Legal Research, https://law.counselstack.com/opinion/thompson-v-travis-ind-1942.

Opinion

Related

Cite This Page — Counsel Stack