64 Ind. App. 378 | Ind. Ct. App. | 1917
The appellee has moved to dismiss this appeal for the following reasons, viz.: (1) The transcript was not filed in this court in ninety days from the time the. appeal bond was filed; (2) the transcript is not duly authenticated by the certificate of the clerk; (3) -the briefs of appellant do not comply with the rules of the court in the following particulars: (a) the errors assigned are not set forth in the briefs; (b) no points or authorities .are presented under any error assigned by appellant.
There was no application for an extension of the time in which to perfect the appeal, but by order of this court the transcript was filed as of the date of October 26, 1916. The judgment from which the appeal was prayed was rendered on June 28, 1916, and the appeal bond was filed on July 25, 1916. The parties agree that the appeal is governed by §§2977, 2978 Bums 1914, Acts 1913 p. 65.
The assignment of errors is the complaint on- appeal and the briefs must be sufficient to inform tlie court of the rulings relied upon and assigned as errors, or no question is duly presented for consideration on appeal. Schrader v. Meyer (1911), 48 Ind. App. 36, 95 N. E. 335 ; Chicago, etc., R. Co. v. Newkirk (1911), 48 Ind. App. 349, 93 N. E. 860; Griffith v. Felts (1912), 52 Ind. App. 268, 99 N. E. 432; Harold v. Whistler (1915), 60 Ind. App. 504, 111 N. E. 79; Teeple v. State, ex rel. (1908), 171 Ind. 268, 274, 86 N. E. 49; American Fidelity Co. v. Indianapolis, etc., Fuel Co. (1912), 178 Ind. 133, 98 N. E. 709; Beck v. Goar (1913), 180 Ind. 81, 86, 100 N. E. 1.
It appears from the briefs that the jury returned
Note. — Reported in 115 N. E. 961.