# Heady v. Brown

> Indiana Supreme Court · March 10, 1898 · 151 Ind. 75

URL: https://www.frixlaw.com/law-library/cases/7053472

## Case

- **Full name:** Heady v. Brown
- **Court:** Indiana Supreme Court
- **Decided:** March 10, 1898
- **Citations:** 151 Ind. 75; 49 N.E. 805; 1898 Ind. LEXIS 64
- **Precedential status:** Published
- **Opinion:** On rehearing by Hackney
- **Judges:** Hackney
- **Cited by:** 8 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/7053472

## Opinion text

On Petition for Rehearing.
Hackney, O. J.
The petition for a rehearing denies the jurisdiction of this court. The Appellate Court has only such jurisdiction as is expressly conferred upon it. Branson v. Studabaker, 133 Ind. 147 . Partition is not within the jurisdiction conferred by the statute upon the Appellate Court. .(Acts 1893, p. 29), We do not regard the question of jurisdiction as waived by a failure to present it while the appeal was pending in the Appellate Court, and before its transfer to this court. Jurisdiction over the subject-matter is not waived as it is, frequently, over the person. Upon a re-examination of the record we are confirmed *79 in onr conclusion that the question originally considered and passed upon was presented by the record, and was correctly decided. The petition is overruled.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/7053472. Public record. Not legal advice.