Noonan v. Bell

Decision Date15 October 1902
Citation64 N.E. 909,159 Ind. 329
PartiesNOONAN v. BELL et al.
CourtIndiana Supreme Court


Appeal from circuit court, Blackford county; E. C. Vaughn, Judge.

Action by William Noonan against George R. Bell and another. From a judgment for defendants, plaintiff appeals. Affirmed.

Cranor & Mann and Fargo & Kegerreis, for appellant. Cantwell & Simmons, for appellee Trentman. Enos Cole and W. H. Honey, for appellee Bell.


This action was instituted by appellant to recover damages from appellees. The latter, by their respective counsel, severally demurred to the amended complaint for want of facts. After setting out the several demurrers mentioned, the record contains the following entry: “And the court, after being fully advised in the premises, sustains the separate demurrer of each defendant, to which ruling of the court the plaintiff at the time excepts.” Each demurrer presented the question as to the sufficiency of the amended complaint as against the demurring defendant. The entry therefore involves two rulings. An exception must be directed against a designated ruling. it is not competent to reserve exceptions in gross. City of South Bend v. Turner, 156 Ind. 418, 60 N. E. 271, 54 L. R. A. 396, 83 Am. St. Rep. 200;Walter v. Walter, 117 Ind. 247, 20 N. E. 148;Johnson v. McCulloch, 89 Ind. 270;Leyner v. State, 8 Ind. 490; Wilson v. Wolfer, Id. 398; Elliott, App. Proc. §§ 787, 789. The assignments of error are all predicated on said rulings on demurrer, and it therefore follows that there is no basis for an inquiry into the correctness of the judgment below.

Judgment affirmed.

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5 cases
  • Southern Indiana Railway Co. v. Harrell
    • United States
    • Indiana Supreme Court
    • October 9, 1903
    ... ... compelled to hold that such assignments of error present no ... question for our consideration. Noonan v ... Bell, 159 Ind. 329, 64 N.E. 909, and cases there ...          Appellant ... further assigned as error that the Greene Circuit ... ...
  • United States Cement Co. v. Koch
    • United States
    • Indiana Appellate Court
    • July 2, 1908
    ... ... each." Appellee relies upon the following cases as ... supporting his contention: Noonan v. Bell ... (1902), 159 Ind. 329, 64 N.E. 909; Southern Ind. R ... Co. v. Harrell (1904), 161 Ind. 689, 63 L. R ... A. 460, 68 N.E. 262. These ... ...
  • Indianapolis Abattoir Co. v. Temperly
    • United States
    • Indiana Supreme Court
    • October 17, 1902
  • Perry-Matthews-Buskirk Stone Company v. Speer
    • United States
    • Indiana Appellate Court
    • June 28, 1905
    ... ... Noonan v. Bell (1902), 159 ... Ind. 329, 64 N.E. 909, such exception is held to be in gross, ... and to present no question on appeal. We are of the ... ...
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