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MONTGOMERY WARD & CO. v. THALMAN

No. 17,892.

120 Ind. App. 473 (1950)

88 N.E.2d 53

MONTGOMERY WARD & COMPANY, INC. v. THALMAN ET AL.

Court of Appeals of Indiana.

Leave To Withdraw Transcript for Amendment granted December 27, 1949.

Decision on Appeal filed June 28, 1950.

Attorney(s) appearing for the Case

McClure, Shenk & Ellis, of Kokomo; David L. Dickson and Francis D. Roth, both of Chicago, Illinois; and Henry R. Sackett, of Gary, for appellant.

Don P. Strode, of Kokomo; Earl B. Barnes, Robert S. Ashby, and Barnes, Hickam, Pantzer & Boyd (of counsel), all of Indianapolis, for appellees.

ON MOTION TO DISMISS APPEAL

BOWEN, C.J.

The appellees have moved to dismiss this appeal on the grounds that the filing of the bill of exceptions is not properly shown in the record, and that, therefore, appellant's appeal, as briefed, presents no question. These matters presented in appellees' motion to dismiss are not jurisdictional, and present no grounds for dismissal, although such propositions might be urged as a ground for affirmance of the judgment...

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