Selected Appeal Tribunal Decisions Indiana PDF Download

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1919 edition. Excerpt: ...a reasonable time. p. 425. 9. APPEAL.--Record.--Failure to Incorporate Instructions.No question as to the giving and refusal of instructions can be considered on appeal, where the instructions are not properly incorporated in the record. p.427. 10. APPEAL.--Review.---Instructions.---Incorporation in Record.Time of Filing.--Statute.--Under 561 Burns 1914, Acts 1907 p. 652, requiring that all instructions, whether given or refused, shall be filed with the clerk at the close of the instruc-tion of the jury, exceptions to the giving of instructions will not be reviewed on appeal where the transcript merely shows that the "court instructs said jury by reading certain written instructions, which instructions are filed by the court and made a part of the record in this case," certain instructions being set out, since there must be a substantial compliance with the provisions of the statute and the time of filing is an essential part of the identification of the instructions. p.427. From Lawrence Circuit Court; Oren O. Swails, Judge. Action by Claude H. Lavender against the Indiana Quarries Company. From a judgment for plaintiff, the defendant appeals. A firmed. Underwood & Underwood, for appellant. James E. Boruff and Ray R. Borufi, for appellee. FELT, J.----This is a suit for damages for personal injuries. The complaint is in three paragraphs on which issues were joined by general denial. A trial by jury resulted in a verdict for appellee for $3,250, on which judgment was rendered. From this judgment appellant has appealed and assigned as error: the overruling of its separate demurrer to each paragraph of the complaint; the overruling of appellant's motion for judgment on the answers of the jury to the...