Meadows v. Hickman
Decision Date | 19 June 1947 |
Docket Number | No. 28281.,28281. |
Citation | 73 N.E.2d 343,225 Ind. 146 |
Parties | MEADOWS et al. v. HICKMAN et al. |
Court | Indiana Supreme Court |
OPINION TEXT STARTS HERE
Action between Paul W. Meadows and others and Donald Hickman and others. From an interlocutory order appointing a receiver, the former appeal.
Reversed.Appeal from Shelby Circuit Court; Harold G. Barger, Judge.
Morton & Tumbove, of Indianapolis, Harold Meloy, of Shelbyville, and Symmes, Fleming & Symmes, of Indianapolis, for appellants.
No appearance for appellees.
This is an appeal from the Circuit Court of Shelby County from an interlocutory order appointing a receiver. Appellees have not filed a brief in support of the judgment of the trial court. This court has well said:
Miller v. Julian, 1904, 163 Ind. 582, 584, 72 N.E. 588, 589.
Again it has been said:
Roth v. Vandalia R. Co., 1918, 187 Ind. 302, 119 N.E. 1.
See also Deatrick v. Lawless, 1923, 193 Ind. 327, 139 N.E. 587;City of Shelbyville v. Adams, 1916, 185 Ind. 326, 114 N.E. 1;Brown v. State, 1915, 184 Ind. 254, 108 N.E. 861,111 N.E. 8;Burroughs v. Burroughs, 1913, 180 Ind. 380, 103 N.E. 1.
The rule herein announced is not for the benefit of the appellants but for the protection of the court and whether it shall be invoked is discretionary with the court.
The rule will not be invoked unless the appellants' brief makes an apparent or prima facie showing of reversible error. Pittsburgh, etc., R. Co. v. Linder, 1925, 195 Ind. 569, 145 N.E. 885;Bryant v. School Town of Oakland City, 1930, 202 Ind. 254, 171 N.E. 378,173 N.E. 268;Reed, Adm'r v. Brown, 1939, 215 Ind. 417, 19 N.E.2d 1015. In our opinion appellants' brief does make such a showing.
The order appointing a...
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State v. Moles
...as confession of error and, if a prima facie case is made by appellant, the judgment may be reversed. See, e.g., Meadows v. Hickman (1947), 225 Ind. 146, 73 N.E.2d 343; Bill v. Bill (1972), Ind.App., 290 N.E.2d 749. This rule is not for the benefit of appellant, but for the protection of th......
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Young v. Schreiner, 19224
...such duty properly rests upon counsel for the appellee. Wilson v. Wilson, 1956, 126 Ind.App. 218, 131 N.E.2d 658; Meadows v. Hickman, 1947, 225 Ind. 146, 73 N.E.2d 343; Milto v. Richardson, 1956, 126 Ind.App. 148, 131 N.E.2d 151, and authorities cited. 'It has also been said by our Supreme ......
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Harrington v. Hartman, 20687
...with the court. 3 Wiltrout, Indiana Practice, § 2682, p. 427; Busick v. Barger (1951) 230 Ind. 198, 102 N.E.2d 499; Meadows v. Hickman (1947) 225 Ind. 146, 73 N.E.2d 343; Dept. of Treasury v. Loose-Wiles Biscuit Co. (1943) 221 Ind. 248, 47 N.E.2d 141; State v. Rousseau (1936) 209 Ind. 458, ......
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