The New York, Chicago & St. Louis Railroad Co. v. Doane

• Court: Indiana Supreme Court
• Writing for the Court: Elliott, J.
• Citation: The New York, Chicago & St. Louis Railroad Co. v. Doane, 4 N.E. 419, 105 Ind. 92 (Ind. 1886)
• Decision Date: 22 January 1886
• Docket Number: 12,265
• Parties: The New York, Chicago and St. Louis Railroad Company v. Doane

4 N.E. 419

105 Ind. 92

The New York, Chicago and St. Louis Railroad Company v. Doane

No. 12,265

Supreme Court of Indiana

January 22, 1886

From the Kosciusko Circuit Court.

Motion to dismiss appeal overruled.

J. S Frazer, W. D. Frazer and J. B. Cohrs, for appellant.

J. W Cook and J. D. Widaman, for appellee.

OPINION

Elliott, J.

The verdict in this case was returned on the 4th day of July 1884, and on the following day judgment was entered upon it. On the same day that the judgment was entered the appellant filed a motion for a new trial; the cause was then continued until the 23d day of December, 1884, without any action being taken; on that day the appellee unsuccessfully moved to strike out some of the reasons assigned in the appellant's motion for a new trial, and on the 23d day of January, 1885, the appellant's motion was overruled and an appeal prayed.

There was no final judgment within the meaning of the statute governing appeals until the ruling denying the motion for a new trial. The appellant had a right to a ruling on that motion; for it was properly and seasonably filed. Until that motion was disposed of, there was no final disposition of the case. It is quite clear that if the appellant had brought up the case before a ruling on the motion, the appeal would have been...