71 Ind. 347 | Ind. | 1880
This was a claim by the appellant against the appellee, for medical services rendered the decedent in his lifetime. At the December term, 1875, of the court below, to wit, on the 31st day of December, 1875, the cause was tided by the court, and a finding was made for the appellee, the defendant below; and the appellant’s motion for a new trial" having been overruled, and his exception saved to this ruling, the court rendered judgment against him for the appellee’s costs.
On the 8th day of June, 1876, more than five months after the rendition of said judgment, an appeal therefrom was taken by the appellant, “ by procuring from the clerk of the court a transcript of the record and proceedings in the suit, * * * and filing the same in the
office of the Clerk of the Supreme Court,” as provided in section 556 of the code, with his assignment of errors endorsed thereon.
Afterward, on the 29th day of May, 1878, the appellee moved the court in writing to dismiss the appeal herein for the following reasons, to wit:
“ 1. That said appeal was not taken within thirty days after the decision oMhe Marion Civil Circuit Court;
“2. That an appeal bond was not filed therein, within thirty days after the decision of the Marion Civil Circuit Court.”
In the recent case of Seward v. Clark, 67 Ind. 289, the question presented by the appellant’s motion, in the case at bar, was carefully examined and considered by the
This appeal is dismissed, at the appellant’s costs.