Western Union Telegraph Co. v. Todd

Indiana Court of Appeals

Western Union Telegraph Co. v. Todd

54 N.E. 446, 22 Ind. App. 701, 1899 Ind. App. LEXIS 245

CourtIndiana Court of Appeals

DecidedJune 30, 1899

DocketNo. 2,617

StatusPublished

Cited by2 cases

This text of 54 N.E. 446 (Western Union Telegraph Co. v. Todd) 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

Western Union Telegraph Co. v. Todd, 54 N.E. 446, 22 Ind. App. 701, 1899 Ind. App. LEXIS 245 (Ind. Ct. App. 1899).

Pincite

Opinion

Black, J.

— This was an action brought by the appellee against the appellant in the Howard Circuit Court. After the making up of the issues, the cause, as is stated in an entry of record of that court set out in the transcript, by agreement of parties in open court, was transferred to the Howard Superior Court. There is no certificate of the clerk of the Howard Circuit Court, but at the end of the proceedings which followed the transfer there is a certificate of the clerk of the Howard Superior Court, under the seal of that court, in which, as clerk of the Howard Superior Court, he certifies “the above and foregoing to be a true, correct, and complete transcript of all the proceedings and judgment of said court in the above entitled cause,” etc. Our attention has been directed by the appellee to this condition of the transcript. For want of a certificate of the clerk of the Howard Circuit Court, authenticating the transcript of the proceedings in that court, the appeal must be dismissed. Acts of 1897, p. 22, section 1426e2 Burns Supp. 1897; Garrigus v. Board, etc., ante, 303. Appeal dismissed.

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Black, J.

— This was an action brought by the appellee against the appellant in the Howard Circuit Court. After the making up of the issues, the cause, as is stated in an entry of record of that court set out in the transcript, by agreement of parties in open court, was transferred to the Howard Superior Court. There is no certificate of the clerk of the Howard Circuit Court, but at the end of the proceedings which followed the transfer there is a certificate of the clerk of the Howard Superior Court, under the seal of that court, in which, as clerk of the Howard Superior Court, he certifies “the above and foregoing to be a true, correct, and complete transcript of all the proceedings and judgment of said court in the above entitled cause,” etc. Our attention has been directed by the appellee to this condition of the transcript. For want of a certificate of the clerk of the Howard Circuit Court, authenticating the transcript of the proceedings in that court, the appeal must be dismissed. Acts of 1897, p. 22, section 1426e2 Burns Supp. 1897; Garrigus v. Board, etc., ante, 303. Appeal dismissed.

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Bluebook (online)

54 N.E. 446, 22 Ind. App. 701, 1899 Ind. App. LEXIS 245, Counsel Stack Legal Research, https://law.counselstack.com/opinion/western-union-telegraph-co-v-todd-indctapp-1899.

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