Evening Republican, Volume 18, Number 114, Rensselaer, Jasper County, 14 May 1914 — Temporarily Out of Court But 'Coming Back Again. [ARTICLE]

Temporarily Out of Court But 'Coming Back Again.

The supreme court banded down a decision in the case of tbe State of Indiana ex rel Jay W. Stockton vs. E. P. Lane, trustee of Newton township, which is adverse to Stockton, owing to the fact that appellant who staes that he was not informed of the status of the case by his attorney, did not make correction in errors alleged to exist. Mr. Stockton, however, does not intend to remain beaten and today has W. W. Lowry, an Indianapolis attorney, taking up the case to reinstate it in court. The iJbstract of the supreme court decision follows: State of Indiana ex rel Stockton vs. Lane, trustee. White C. C. Appeal dismissed. Morris, C. J. (1) Action by appellant against appellee, trustee and bis 'bondsmen on official bond, demanding damages. Appellee’s demurrer was sustained to appellant’s complaint and appellant appealed assigning error against Lane, individually. Within six months after the judgment was rendered appellee filed briefs calling attention to defect in assignment of errors and demanding dismissal of appeal 'but appellant made 110 effort to have the samfe corrected. ‘The appeal must be dismissed for failure to assign error against the party that recovered judgment”