34 Ind. App. 633 | Ind. Ct. App. | 1905
Motion to dismiss appeal. Appellee, November 21,1903, filed its petition to be released as surety on the bond of appellant as administrator to account for the proceeds of the sale of lands of his decedent. Notice was given on the same day that the petition would be submitted to the court December 4, 1903. The notice was served by one D. A. Neas, who made affidavit that he served the notice by reading and by delivering a copy to appellant November 21, 1903. Afterwards, on June 4, 1904, appellee filed proof of -the service of the notice, and appellant “appears specially by Ira M. Sharp, his attorney, to question the jurisdiction of the court over his person.” The matter was submitted to the court, and upon a hearing the court ordered appellant to file a new bond in the sum of $1,200, to the approval of the court, “within five days of this date,” or show cause. The court directed the clerk to issue a certified copy of the order, and the sheriff to serve the same upon appellant. On June 14, 1904, the sheriff made return to this order, which is not set out; and, appellant failing to' appear and file a new bond, the court ordered ap
Appeal dismissed.