Indiana Steel Products Co. v. Leonard, 18499

Decision Date31 March 1954
Docket NumberNo. 18499,18499
Citation118 N.E.2d 374,124 Ind.App. 592
PartiesINDIANA STEEL PRODUCTS CO. v. LEONARD.
CourtIndiana Appellate Court

Oscar C. Strom, Charles K. Whitted, Gary, for appellant.

Ryan, Chester & Clifford, Valparaiso, for appellee.

ROYSE, Judge.

Appellee contends we have contravened ruling precedent of the Supreme Court and this Court by considering objections to the admission of evidence made by appellant to the hearing member and not renewed before the Full Industrial Board. There would be merit to this contention if we had based our decision on the objections made to this evidence at the hearing of this cause. However, our opinion was based on the error in overruling the motion to suppress the evidence obtained by the deposition. Where a motion to suppress is overruled before trial it is not necessary to renew the motion when the deposition is offered at the trial. Rooker v. Rooker, 1882, 83 Ind. 226. The deposition, motion and ruling are a part of the record without a bill of exceptions. Section 2-3104, Burns' 1946 Replacement; Flanagan, Wiltrout & Hamilton, § 1035, Comment 5, p. 19. As indicated in our original opinion, the rule of the Industrial Board provides the taking of depositions in matters coming before the Board shall be taken in the manner provided in civil cases.

Petition for rehearing denied.

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4 cases
  • Hook v. Dorsam, 19930
    • United States
    • Indiana Appellate Court
    • February 27, 1964
    ... ... No. 19930 ... Appellate Court of Indiana, Division No. 2 ... Feb. 27, 1964 ... The case of Indiana Steel Products Co. v. Leonard, Admrx., etc. (1954), 124 Ind.App ... ...
  • Stoner v. Howard Sober, Inc.
    • United States
    • Indiana Appellate Court
    • April 1, 1954
    ... ... No. 18504 ... Appellate Court of Indiana, in Banc ... April 1, 1954 ...         [124 ... ...
  • Indiana Steel Products Co. v. Leonard
    • United States
    • Indiana Appellate Court
    • January 10, 1956
    ...second appeal of this case. In the first case, Indiana Steel Products Company v. Leonard, 1954, 124 Ind.App. 592, 117 N.E.2d 372, 376, 118 N.E.2d 374 (Transfer denied) (which I wrote for the Court) this Court reversed the award of the Full Industrial Board of Indiana for the reason the Boar......
  • State v. Frye, 1--474A69
    • United States
    • Indiana Appellate Court
    • August 14, 1974
    ...on the issue involved here, in the case of Indiana Steel Products Co. v. Leonard, Admx. (1954), 124 Ind.App. 592, 599, 177 N.E.2d 372, 118 N.E.2d 374. In this, a compensation case, this court held that because the Workmen's Compensation Act did not provide for and the rules of the Industria......

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