57 Ind. App. 116 | Ind. Ct. App. | 1914
The entry showing the judgment was dated July 11, 1910, and reads as follows: “Come now the parties by counsel and the plaintiff does now dismiss her complaint as to .the defendant Ella Appel, and the cross-complainant James E. Shay does now dismiss his said cross-complaint as to the said defendant, Ella Appel, and the defendant, John J. Appel, does now dismiss his cross-complaint and the defendant James T. Horn does now dismiss his cross-complaint, and the separate demurrers of each of the defendants John J. Appel and James T. Horn, having been heretofore sustained to the reply of the plaintiff, Lucy E. Shay, to the separate answer of each of the defendants to the complaint, the plaintiff is ordered and ruled to plead and reply further to said separate answers of said John J. Appel and James T. Horn to the said complaint. And the said plaintiff does now decline to reply or plead further or to amend, but abides sáid separate rulings and the court renders judgment against the plaintiff in favor of each of said defendants on the said demurrers. And the demurrer of each of the defendants, John J. Appel and James T. Horn having been sustained to the reply of the cross-complainant, James E. Shay to the separate answer of each of said defendants to the cross-corn-
Afterward, on December 27, 1910 the following entry was made: “Comes now the plaintiff, Lucy E. Shay, by her attorney and the defendant and cross-complainant, James E. Shay by his attorney and guardian ad litem and file their written agreement that all questions of and facts pertaining to title and all defenses of whatever character may be shown under the answer of general denial of James E. Shay to the plaintiff’s complaint and under the plaintiff’s answer of general denial to the cross-complaint of James E. Shay, which agreement is in the words and figures following, to wit: * * * Comes now the plaintiff Lucy E. Shay and the cross-complainant James E. Shay by his attorney and guardian ad litem and agree that all questions of and facts pertaining to title and all defenses of whatever character may be shown under the answer of general denial of said
The court by special findings of fact and conclusions of law found that neither James E. Shay nor Lucy E. Shay had any interest in said real estate.
For the reason that the appeal was not brought within the year allowed by statute, an order of dismissal is herewith entered.
Note. — Reported in 106 N. E. 544. See, also, under (1) 2 Cyc. 803, 3 Cyc. 185;' (2) 2 Cyc. 789.