Morrison v. Morrison

• Decision Date: 27 March 1896
• Docket Number: 17,595
• Citation: 43 N.E. 437,144 Ind. 379
• Parties: Morrison et al. v. Morrison
• Court: Indiana Supreme Court

43 N.E. 437

144 Ind. 379

Morrison et al. v. Morrison

No. 17,595

Supreme Court of Indiana

March 27, 1896

From the Koscuisko Circuit Court.

The judgment is affirmed.

J. D Widaman, for appellants.

W. D Frazer, for appellee.

OPINION

Hackney, C. J.

The record in this case recites certain issues between the parties; that the cause was "submitted to the court for hearing and trial on the complaint cross-complaint, pleadings and proofs of the parties;" the finding of the court in favor of the appellee, and, over the motion of the appellants for a new trial, decree was rendered in favor of the appellee, quieting the title in him to a certain island in Wawasee Lake. As a part of the decree the appellants were given time to file a bill of exceptions, but it is not shown by any file mark, order book entry, certificate of the clerk, or in any other manner that such bill was ever filed. Following the entry of the decree, as copied into the record, the transcript contains the original, or a copy, of what purports to be an agreement between the parties as to the facts, with certain copies of tax title deeds and receipts. Next following is a certificate by the clerk that "the foregoing is a full, true and complete transcript of all the papers and entries in said cause as the same appear of record," etc. Immediately following the certificate is the assignment of error that "the court below erred in overruling plaintiff's motion for a new trial in said cause." Then follows a certificate, or copy of certificate, as to a bill of exceptions, reciting that "the above and foregoing contains all of the evidence so introduced and filed as aforesaid," with objections, exceptions, etc., and concludes as follows: "And on the 3d day of September, 1894, the defendants tendered their bill of exceptions and prayed that the same might be signed, sealed and made a part of the record in this cause, which is accordingly done, this 3d day of September, 1894. Edgar Haymond, Judge."

This certificate, whether the original or a copy, is manifestly not within the transcript as certified by the clerk. If it ever had any connection with the agreed statement of facts there is nothing in the record so indicating. If the agreed statement of facts was ever embodied in a bill of exceptions, such agreement, or the copy thereof in the transcript, is not preceded by a caption or other indication to that effect or showing that it was so...