40 Ind. App. 718 | Ind. Ct. App. | 1907
The appellants filed a claim in the court below against the estate of appellee’s intestate. The claim was put 'at issue, and a jury trial had, resulting in a verdict in favor of appellee. The appellants’ appeal to this court was not perfected within ten days, as is prescribed by §2978 Burns 1908, Acts 1899, p. 397, but under the provisions of the law the appellants petitioned this court for leave to appeal within one year after the decision. The appellee was given ten days’ notice of the presentation of the petition, and appeared in this court and resisted the granting of the same, setting forth a multitude of grounds for dismissing appellants’ petition. The matter of granting the petition was heard and determined by this court on February 6, 1906, and the prayer of the petition granted, upon condition that the appellants file their appeal bond with the clerk of the Orange Circuit Court, in a penalty of $750, with the Title Guaranty & Trust Company as surety thereon. The appellants perfected their appeal by filing the bond, as prescribed by the order of the court, with the clerk of the Orange Circuit Court, and by filing in this court a duly certified transcript of the proceedings of the court below within one year from the rendition of the judgment, with a proper assignment of errors.
Cause reversed, with instruction to the court below- to grant a new trial.