State ex rel. Spelde v. Minker, 30372
| Decision Date | 29 October 1963 |
| Docket Number | No. 30372,30372 |
| Citation | 193 N.E.2d 365,244 Ind. 421 |
| Parties | STATE of Indiana on relation of Cornelius E. SPELDE, Appellant, v. James MINKER, Trustee of Davis Township, Starke County, Indiana, Appellee. |
| Court | Indiana Supreme Court |
James D. McKesson, Walkerton, for appellant.
LeRoy D. Gudeman, Knox, for appellee.
This is an appeal from an adverse judgment in an action for mandate brought by relator in the lower court.
Appellee has filed motion to dismiss the appeal setting up that relator had not complied with Rule 2-5 of this Court with respect to preparing an index to the transcript and making marginal notations. It further appears that no assignment of error is attached to the front of the transcript as required by Rule 2-6. Relator has filed petition for oral argument in this cause but on the date set for oral argument has not appeared in this Court.
The rules of this Court have the force and effect of law and are binding upon the courts of review as well as the parties. 2 West's I.L.E., Appeals, § 320, p. 150, notes 21, 22, 23; Stillabower et al. v. Lizart et al. (1959), 130 Ind.App. 65, 67, 159 N.E.2d 144, 145, 161 N.E.2d 195.
It appearing that this appeal should be dismissed for non-compliance with this Court's rules, said appeal is now dismissed.
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Williams v. State
...383 N.E.2d 1086, 1087, n. 1, and we may dismiss the appeal for failure to make appropriate marginal notations, State ex rel. Spelde v. Minker, (1963) 244 Ind. 421, 193 N.E.2d 365.1 A statement held inadmissible as substantive evidence because of a violation of Miranda may nevertheless be us......
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Moore v. Spann
...be dismissed because the court has no jurisdiction. Wiltrout, Indiana Practice, Vol. 3, § 2381, p. 196; State ex rel. Spelde v. Minker, Trustee. etc. (1963), 244 Ind. 421, 193 N.E.2d 365; Davis et al. v. Pelley (1951), 230 Ind. 248, 102 N.E.2d 910; Stamm v. Price et al. (1963), 134 Ind.App.......
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Eggers v. Wright
...have the force and effect of law and are binding upon the courts of review as well as the parties.' State ex rel. Spelde v. Minker, Trustee, etc. (1963), 244 Ind. 421, 422, 193 N.E.2d 365. This case is transferred to the Supreme Court and the appeal is DE BRULER, C.J., concurs in result. HU......
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Ward v. Carter
...Ind. 608, 609, 62 N.E. 446, 447 (1902) ; Epstein v. State, 190 Ind. 693, 697, 128 N.E. 353, 353 (1920) ; State ex rel. Spelde v. Minker, 244 Ind. 421, 422, 193 N.E.2d 365, 365 (1963). While we have not expanded upon that principle, we recently rephrased it by stating court rules "have the f......