60 Ind. App. 470 | Ind. Ct. App. | 1916
On May 2, 1912, appellant Gilligan (hereinafter referred to as appellant), with twenty-seven other coplaintiffs filed in the court below their amended complaint in which they alleged that they were depositors and stockholders in appellee association and that the assets thereof were insufficient to pay them as provided in the by-laws of such association. Other facts showing the insolvency of such association and the necessity for a receiver therefor are alleged and the appointment of a receiver asked. On June 5, 1912, appellee admitted its insolvency, and the court appointed a receiver who qualified and entered upon the discharge of his duties. On October 11, 1912, appellant filed an intervening petition in said cause in which she alleged that said association was indebted to her in the sum of $1,912.50 on account of an alleged certificate- of indebtedness for $1,500 with interest coupons attached, filed with and made part of her petition. She asked that the receiver be required to pay her first after the payment of the expenses, etc.
There was a trial by the court and a special finding of facts, with conclusions of law stated thereon, as follows: “1. That the transactions between the intervener and said association do not constitute a loan of money to said association by the intervener. 2. That the certificate No. 151, held by intervener does not constitute a promise to pay under the law
To each of these conclusions the appellant alone at the time excepted, whereupon the court rendered the following judgment: “It is therefore considered, adjudged and decreed by the court that the petitioner, Anna E. Gilligan, take nothing by reason of her intervening petition herein and that she have no preference in the payment of her stock over the holders of running stock, that she share in the proceeds of said association pro rata with other stockholders of whatever kind. It is further considered and adjudged by the court that the defendant recover of the said petitioner, Anna E. Gilligan, its costs and charges occasioned by the filing of said intervening petition to which decision of the court the said petitioner, Anna E. Gilligan, at the time excepts.”
Appellant filed" no motion for a new trial but prayed an appeal from the judgment rendered and the court gave her thirty days in which to file her appeal bond and sixty days in which to file her general bill of exceptions. On January 7, 1914, said appellant filed her appeal bond, but the transcript was not filed in this court until March 28, 1914, or more than sixty days after the filing of her appeal bond. This is, therefore, a vacation appeal. Schultze v. Maley (1914), 56 Ind. App. 586, 590, 105 N. E. 942, and cases cited.
In an assignment of errors in which appellant has named herself and her said twenty-seven co-
Note. — Reported in 111 N. E. 20. See, also, under (1) 3 C. J. 1409; 2 Cye 1014; (2) 3 C. J. 1363; 2 Cyc 988; (3) 3 C. J. 1388; 2 Cyc 999.