Elrod v. Purlee

• Decision Date: 29 June 1905
• Docket Number: 20,177
• Citation: 74 N.E. 1085,165 Ind. 242
• Parties: Elrod et al. v. Purlee
• Court: Indiana Supreme Court

74 N.E. 1085

165 Ind. 242

Elrod et al. v. Purlee

No. 20,177

Supreme Court of Indiana

June 29, 1905

Original Opinion of February 23, 1905, Reported at: 165 Ind. 239.

OPINION

Per Curiam.

It seems scarcely necessary to say that the file mark of the clerk of the court below upon appellants' precipe for a record does not show that the bill of exceptions was filed in the clerk's office after it was signed by the judge.

As to the instructions given, it is evident that they are not in the record, as appellants have not complied with the practice, as laid down in Thompson v. Thompson (1901), 156 Ind. 276, 59 N.E. 845.

The petition for a rehearing is overruled.