Ragle v. Dedman
| Decision Date | 27 April 1910 |
| Docket Number | 7,619 |
| Citation | 91 N.E. 615,45 Ind.App. 693 |
| Parties | RAGLE ET AL. v. DEDMAN ET AL |
| Court | Indiana Appellate Court |
From Dubois Circuit Court; John L. Bretz, Judge.
Action by John W. Ragle and others against Eliza J. Dedman and others. From a judgment for defendants, plaintiffs appeal. On motion to dismiss appeal. (For decision on merits, see Ind.App. .
Motion overruled.
Stanley M Kreig, Cicero Fettinger and William D. Curll, for appellant.
Tweedy & Youngblood, for appellee.
Appellees severally move that the court dismiss the appeal in this cause, upon the following grounds: (1) That said appeal was not taken within one year from the rendition of the judgment appealed from, as required by law; (2) that the judgment against each and all of the appellees, except appellee Oliver Dedman, from which said appeal was taken, was rendered in the Dubois Circuit Court on January 9, 1909, and the transcript was not filed in this court until March 23 1910, and no summons was served upon said appellees until after the expiration of one year following the date of the judgment herein appealed from, and that the only judgment rendered in said cause as to appellee Oliver Dedman was a judgment of dismissal of said cause on the voluntary motion of dismissal by appellants as plaintiffs below.
The record discloses that the cause was filed in the Pike Circuit Court at the July term, 1908. On July 23, 1908, the cause on change of venue was sent to the Dubois Circuit Court. On January 9, 1909 plaintiffs filed their demurrer to the second and third paragraphs of the amended answer of defendants Eliza Dedman Gilbert Dedman, Bessie Dedman, Lulu Dedman, Walter Smith and Clara Smith, and also filed their demurrer to the second and third paragraphs of the separate answer of Oliver Dedman, which demurrers were by the court sustained. On the same day defendants Eliza Dedman and others asked and prayed that the demurrer of plaintiffs to their said answer be carried back to the complaint, which was done, and the court sustained said demmurrer to plaintiffs' complaint, and "failing to plead further and electing to stand on their complaint as against said defendants," it was ordered and adjudged by the court that plaintiffs take nothing by their suit as against Eliza Dedman, Rousseau Dedman, Gilbert Dedman, Bessie Dedman, Lulu Dedman, Walter Smith and Clara Smith, and that said defendants recover of and from plaintiffs all of their costs."
Plaintiffs prayed on appeal to this court, which was granted, and...
To continue reading
Request your trial