Community State Bank of Royal Center v. Durbin, 18116

Decision Date07 December 1950
Docket NumberNo. 18116,18116
Citation95 N.E.2d 310,121 Ind.App. 229
PartiesCOMMUNITY STATE BANK OF ROYAL CENTER v. DURBIN et al.
CourtIndiana Appellate Court

O'Neill & O'Neill, Logansport, for appellant.

Frederick B. Hanna, Logansport, for appellees.

PER CURIAM.

Appellees have filed a verified motion stating that the official shorthand reporter in transcribing her shorthand notes taken at the trial inadvertently omitted part of an answer to a question. This statement is supported by the affidavit of the reporter and the certificates of the trial judge and clerk of the court.

Appellees ask 'that said omission above mentioned be inserted as a permanent part of the transcript of evidence given in this cause.'

It is said in 2 Watson's Works' Practice 668, § 2097: 'The application to amend a bill of exceptions can not be made in the court to which an appeal has been taken. An appellate tribunal has no power to correct the record as it is certified by the clerk of the trial court. But after the bill has been corrected by the trial court, the corrected bill may then be brought up to the court in which the appeal is pending by a writ of certiorari, and it will then supersede the erroneous record.'

See also Wabash, etc., Cement Co. v. Evarts, 1923, 79 Ind.App. 371, 135 N.E. 491, 801; Morgantown Mfg. Co. v. Hicks, 1909, 43 Ind.App. 32, 86 N.E. 856.

Appellees' motion is overruled.

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7 cases
  • Gonns v. United States
    • United States
    • U.S. Court of Appeals — Tenth Circuit
    • March 5, 1956
    ...389; Kramer v. Wilson, Tex.Civ.App., 226 S.W.2d 675; Cotten v. Stolley, 124 Neb. 855, 248 N.W. 384; Community State Bank of Royal Center v. Durbin, 121 Ind.App. 229, 95 N.E.2d 310, 98 N.E.2d 604; Petrie v. Kaufmann & Baer Co., 291 Pa. 211, 139 A. 878. The exemplified copy of the judgment to......
  • Clevenger v. Potlatch Forests, Inc.
    • United States
    • Idaho Supreme Court
    • July 1, 1960
    ...131 S.W.2d 282; Summit Drilling Corp. v. Commissioner of Internal Revenue, 10 Cir., 160 F.2d 703; Community State Bank of Royal Center v. Durbin, 121 Ind.App. 229, 95 N.E.2d 310, 98 N.E.2d 604; Humphries v. Le Breton, 55 N.M. 247, 230 P.2d 976; Jones on Evidence, 4th Ed., Vol. 1, § 202, p. ......
  • Slinkard v. Wilson, 18289
    • United States
    • Indiana Appellate Court
    • April 24, 1952
    ...corrected nunc pro tunc upon proper application to the trial court in order that it may speak the truth. Community State Bank of Royal Center v. Durbin, 1950, Ind.App., 95 N.E.2d 310. When such application is filed in the trial court a petition should be filed here asking that the transcrip......
  • Cronemeyer v. First National Bank of North-East
    • United States
    • D.C. Court of Appeals
    • December 23, 1965
    ...1051 (1926); Lowrance Motor Co. v. First Nat. Bank, 238 F.2d 625, 59 A.L.R.2d 1164 (5th Cir. 1956); Community State Bank of Royal Center v. Durbin, 121 Ind.App. 229, 232, 95 N.E.2d 310, 98 N.E.2d 604 (1951); First Nat. Bank v. Corcoran, 105 Cal.App. 116, 286 P. 1105 3. Anno.Code of Md., Art......
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