68 Ind. App. 189 | Ind. Ct. App. | 1918
On December 11, 1914, appellee, being a resident of Miami county, filed bis appeal in the circuit court of that county under §6106 Burns 1914, Acts 1913 p. 340, §3, asking that tbe appellant board be required to sbow cause why a certificate entitling bim to practice dentistry in this state should not be issued.
Tbe record disclosed that a purported notice of sucb appeal was issued to tbe sheriff of Monroe county, Indiana, directing bim to serve tbe same upon Fred J. Prow, secretary and treasurer of tbe appellant board, which was done, as shown by tbe return of sucb sheriff on December 16,1914. On January 16, 1915, appellant board was defaulted and a decree rendered directing tbe clerk of tbe court to issue to appellee a license to practice dentistry ip this state upon tbe payment of tbe requisite fee. On February 8, 1915, at tbe same term of court, appellant, represented by tbe Attorney-General, filed its motion, together with bis affidavit in support of tbe same,
It is clearly apparent from the record that this is an attempted appeal from the ruling of the court in overruling the motion to set aside the default.
Appellee has filed a motion to dismiss the appeal upon the ground that the order appealed from is not a final judgment, and that there is no attempt to appeal from the judgment on default. Furthermore, that if it is an attempted appeal from the judgment on default, it is not brought within time. Kurtz v. Phillips (1916), 63 Ind. App. 79, 113 N. E. 1016.
Note. — Reported in 119 N. E. 1004.