46 Ind. App. 135 | Ind. Ct. App. | 1910
Appellee made an application to the Cass Circuit Court, under §1794 Burns 1908, §1503 E. S. 1881, for an order authorizing him to appeal from a judgment of a justice of the peace of said county’rendered against bim in favor of appellant. The application was heard, and an order made by the circuit court authorizing appellee to take such an appeal. Appellant made a motion to dismiss the' application, which was overruled and exceptions taken, and also objected to the order entered by said-circuit court granting such an appeal. This appeal is taken from said judgment on said application. Appellee moves to dismiss the appeal, on the ground that such judgment is not'appealable.
Section 1794, supra, is as follows: “Appeals may be authorized by the circuit court after the expiration of thirty days, when the party seeking the appeal has been prevented from taking the same by circumstances not under his control. 5 ’
This appeal, therefore, is prematurely taken, and the cause is dismissed.