Indiana Supreme Court, 1873

Hays v. Johns

Hays v. Johns
Indiana Supreme Court · Decided May 15, 1873 · Worden
42 Ind. 505

Hays v. Johns

Opinion of the Court

Worden, J.

In this case there is no assignment of errors “ on the transcript,” as required by the statute. 2 G. & H. 275, sec. 568. There is among the papers filed in the cause what purports to be an abstract of the record, and on this paper there is an assignment of error. It was clearly intended that errors should be assigned, in the language of the statute, “ on the transcript,” and not on loose and detached pieces of paper. A motion which the appellee has filed to dismiss the appeal for the want of a proper assignment of error must be sustained.

The appeal is dismissed, with costs.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.