[DOWNLOAD] "Miller v. Ortman" by Supreme Court Of Indiana # eBook PDF Kindle ePub Free

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eBook details

• Title: Miller v. Ortman
• Author : Supreme Court Of Indiana
• Release Date : January 12, 1956
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 72 KB

Description

This is an action for the malicious destruction and appropriation of a business operated by appellant J. Carter Miller, d/b/a Midwest Supply Company. A judgment for the appellees was affirmed by the Appellate Court. At the outset, we are confronted with the contention that transfer to this court should be denied for the reason that the petition for rehearing filed in the Appellate Court did not conform to Rule 2-22 of this court. The issue is significant because of the fact that the filing of a valid petition for rehearing in the Appellate Court, asserting the errors relied upon, is a condition precedent to the granting of a transfer in this court. However, under the circumstances of this case, the issue of the right of this court to consider the case on petition to transfer is dependent upon the answer to two questions: (1) Was the petition for rehearing so defective as to warrant its total rejection by the Appellate Court? (2) Did that court, by discussing the issues presented by the petition, in an opinion supplemental thereto, in effect waive any defects in the form of the petition?

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