Slinkard v. Babb
| Decision Date | 26 February 1954 |
| Docket Number | No. 18289,18289 |
| Citation | 117 N.E.2d 564,125 Ind.App. 76 |
| Parties | George A. SLINKARD, Jr., Appellant v. Glenn BABB, Homer R. Wilson, Appellee. |
| Court | Indiana Appellate Court |
Appeal from Circuit Court, Gibson County; Ralph A. Seal, Special Judge.
On rehearing.
Rehearing denied.
For former opinion, see 112 N.E.2d 876.
See, also, Ind.App., 105 N.E.2d 342.
Kelley, Arnold & Kelley, Anderson, Emanuel H. Baugh, Evansville, Sanford Trippet, Princeton, for appellant.
Waller & Norton, Evansville, McDonald & McDonald, Princeton, for appellee Glenn Babb.
Ortmeyer, Bamberger, Ortmeyer & Foreman, Evansville, Gerald E. Hall, Princeton, for appellee Homer R. Wilson.
The appellee Homer R. Wilson asserts as grounds for rehearing that the court failed to pass upon the questions presented by the brief of the appellee Wilson with respect to appellant's failure to bring into the record a proper bill of exceptions containing the evidence, and his failure to bring to the court a proper record showing the filing of a praecipe within the time provided by the rules of court for the taking of an appeal. Such alleged deficiencies in the appeal record asserted by appellee were corrected by certiorari granted as prayed by this court on September 30, 1952.
After a full consideration of all the specifications in appellee Homer R. Wilson's petition for rehearing we are of the opinion that our original opinion on the merits should stand, and the petition for rehearing of said appellee Homer R. Wilson is denied.
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