Wabash Tp., Gibson Cnty. v. Cooper

Decision Date01 April 1943
Docket NumberNo. 27851.,27851.
Citation221 Ind. 304,47 N.E.2d 611
PartiesWABASH TP., GIBSON COUNTY, et al. v. COOPER et al.
CourtIndiana Supreme Court

OPINION TEXT STARTS HERE

Appeal from Dubois Circuit Court; L. A. Savage, Special judge.

Action between Wabash Township, Gibson County, Ind., and others, and David M. Cooper and others, to quiet title. From the judgment, the former appeal.

Affirmed.

Hovey C. Kirk, of Princeton, for appellants.

Embree & Hall, of Princeton, and Cooper, Royse, Gambill & Crawford, of Terre Haute, for appellees David M. Cooper and Rose Cooper.

SHAKE, Judge.

This case is before us for the second time. See Hughes v. Fifer, 1940, 218 Ind. 198, 31 N.E.2d 634. Apparently, it is an attack upon a judgment quieting the title of certain of the appellees to the same real estate involved in the former review. That decision is, therefore, the law of the case insofar as it is applicable. Dickason v. Dickason, 1942, 219 Ind. 683, 40 N.E.2d 965.

Only by searching the record could we determine who are necessary or proper parties. Fourteen persons are named in the assignment of errors, without designation as appellants or appellees. The appellants' brief does not undertake to set out the text or the substance of the assignment of errors, the findings and judgment, or the motion for a new trial, except as the latter is quoted under Propositions and Authorities. This is not a compliance with the requirements of Rule 2-17(e) (1940 Revision).

While this court indulges a practical liberality in passing upon the sufficiency of briefs, the application of the rules may not be relaxed to the point of requiring us to search the record for grounds to reverse a judgment. Kimmick v. Linn, 1940, 217 Ind. 485, 29 N.E.2d 207.

We are obliged to hold that the appellants' brief is insufficient to present any question on the merits.

The judgment is affirmed.

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3 cases
  • Hayes v. Pennick
    • United States
    • Indiana Appellate Court
    • March 10, 1965
    ...Clore (1947), 117 Ind.App. 548, 74 N.E.2d 747; Albertson v. Nix (1944), 115 Ind.App. 128, 57 N.E.2d 206; Wabash Township Gibson County v. Cooper (1943), 221 Ind. 304, 47 N.E.2d 611. In the case of Board of Med. Regist. and Exam., etc. v. Bowman (1958), 238 Ind. 532 at page 534, 150 N.E.2d 8......
  • Bromley v. City of Indianapolis
    • United States
    • Indiana Appellate Court
    • April 4, 1949
    ... ... 282, 283, ... 52 N.E.2d 839; Wabash [119 Ind.App. 190] ... Township v. Cooper, 1943, 221 Ind ... ...
  • Ross v. Clore
    • United States
    • Indiana Appellate Court
    • September 30, 1947
    ...a judgment. Lindeman v. Lindeman, supra; Albertson v. Nix, 1944, 115 Ind.App. 128, 129, 57 N.E.2d 206;Wabash Township, Gibson County, v. Cooper, 1943, 221 Ind. 304, 47 N.E.2d 611. Under the rule declared in the foregoing authorities no question is presented for our determination and the jud......

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