(DOWNLOAD) "State Ex Rel. Kostas v. Johnson" by 249 Supreme Court of Indiana No. 28 # eBook PDF Kindle ePub Free
eBook details
- Title: State Ex Rel. Kostas v. Johnson
- Author : 249 Supreme Court of Indiana No. 28
- Release Date : January 18, 1946
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 61 KB
Description
On and prior to May 31, 1946, there was pending in Room 3 of the Superior Court of Marion County, Indiana, an action wherein relator was plaintiff. A partnership between plaintiff and defendants was alleged and the plaintiff sought an accounting and a receiver for the partnership property. The case was tried without a jury and the evidence was concluded on May 31, 1946, and taken under advisement. We know judicially that the May term of the Superior Court of Marion County ended on June 1, and that the June term of said court ended on June 29, and said court was in vacation from said date until September 3, 1946. It does not appear that during the vacation of said court any special, adjourned or continued term of said court had been provided, in the absence of which the court and the Judge were without power to determine the issue held under advisement. Glaser v. State (1932), 204 Ind. 59, 183 N.E. 33, 35; State v. Hindman (1902), 159 Ind. 586, 589, 590, 65 N.E. 911; State v. Bridges (1946), 116 Ind. App. 483, 64 N.E.2d 411, 414; Isaacs, Trustee v. Fletcher American Nat. Bank (1934), 98 Ind. App. 111, 120, 185 N.E. 154, 157. It appears from respondent's verified answer, without contradiction in relator's reply, that during the 24 judicial days intervening between May 31, and June 29, date of adjournment for summer vacation, the docket of said court was congested with other matters of equal importance and right to priority, and that during said period of time rulings on pleadings in 56 cases were made and entered, six cases were tried and taken under advisement, support hearings and hearings upon other domestic matters, not including divorces, were heard in 109 cases, and 154 cases were tried and disposed of, making a total of 324 cases in which the court acted during the period between May 31, and June 29, 1946.