Albertson v. Nix, 17280.

Citation57 N.E.2d 206,115 Ind.App. 128
Decision Date23 October 1944
Docket NumberNo. 17280.,17280.
PartiesALBERTSON et al. v. NIX et al.
CourtCourt of Appeals of Indiana

OPINION TEXT STARTS HERE

Appeal from Perry Circuit Court; Samuel A. Lambdin, Special Judge.

Ejectment proceedings between Mrs. James S. Albertson and others and James Nix and others. From the judgment, Mrs. James S. Albertson and others appeal.

Affirmed. L. N. Savage and R. S. Wagoner, both of Rockport, for appellants.

Daniel C. Goble, of Cannelton, for appellees.

ROYSE, Judge.

This is an attempt to appeal from a judgment of the Perry Circuit Court in an ejectment proceeding.

The appellees have not questioned the sufficiency of appellants' brief. However, this court is bound by the Rules of the Supreme Court. Appellants' brief wholly fails to comply with Rule 2-17. It does not set out the judgment of the trial court, the motion for a new trial or the substance thereof, the exhibit which it is asserted was erroneously admitted in evidence, or the substance of said exhibit.

While this court indulges a practical liberality in passing upon the sufficiency of briefs, the application of the rules may not be relaxed to the point of requiring us to search the record for grounds to reverse a judgment. Wabash Township, Gibson County et al. v. Cooper et al., 1943, 221 Ind. 304, 47 N.E.2d 611.

No question having been presented, the judgment of the Perry Circuit Court is affirmed.

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4 cases
  • Farm & Home Ins. Co. v. Konradi
    • United States
    • Indiana Appellate Court
    • June 30, 1964
    ...evidence to support a reversal for the appellant. Ross v. Clore (1947), 117 Ind.App. 548, 551, 74 N.E.2d 747; Albertson v. Nix (1944), 115 Ind.App. 128, 129, 57 N.E.2d 206. Nor is the appellee required to assume the burden of appellant to properly present the evidence. Credit Bureau of Fult......
  • Hayes v. Pennick
    • United States
    • Indiana Appellate Court
    • March 10, 1965
    ...City of Indianapolis (1952), 123 Ind.App. 74, 108 N.E.2d 205; Ross v. Clore (1947), 117 Ind.App. 548, 74 N.E.2d 747; Albertson v. Nix (1944), 115 Ind.App. 128, 57 N.E.2d 206; Wabash Township Gibson County v. Cooper (1943), 221 Ind. 304, 47 N.E.2d In the case of Board of Med. Regist. and Exa......
  • Bromley v. City of Indianapolis
    • United States
    • Indiana Appellate Court
    • April 4, 1949
    ... ... 74 N.E.2d 747; Johnson v. Johnson, 1946, 117 ... Ind.App. 117, 118, 69 N.E.2d 606; Albertson et al. v. Nix ... et al., 1944, 115 Ind.App. 128, 129, 57 N.E.2d 206; ... Freeman v. Cangany et ... ...
  • Ross v. Clore
    • United States
    • Indiana Appellate Court
    • September 30, 1947
    ...the members of the court to search the record for grounds to reverse a judgment. Lindeman v. Lindeman, supra; Albertson v. Nix, 1944, 115 Ind.App. 128, 129, 57 N.E.2d 206;Wabash Township, Gibson County, v. Cooper, 1943, 221 Ind. 304, 47 N.E.2d 611. Under the rule declared in the foregoing a......

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