57 Ind. App. 381 | Ind. Ct. App. | 1914
Appellee, under a special appearance directed to that end, moves to dismiss this appeal, on the ground that appellant has not complied with the statute providing for term time appeals, and has failed to give notice as required in cases of vacation appeals. The facts are as follows: Judgment was rendered and entered by the trial court against appellant on June 9, 1913. On October 23, being at the September term, 1913, of said court, appellant’s motion for a new trial was overruled, at which time it prayed an appeal to this court, which was granted, on condition that appellant would within thirty days file its appeal bond, with penalty in the sum of $6,000, to be approved by the court. On November 21, being at the November term, 1913, of the trial court, and within the time given by the court, appellant filed such bond, with penalty in said sum, and with surety, as in said bond named, which bond was on said day approved by the court. The transcript wa.s filed in this court January 19, 1914, and the cause submitted February 18, 1914.
Motion sustained and appeal dismissed.
Note. — Reported in 105 N. E. 241. See, also, under (1) 2 Oyc. 793; (2) 2 Oyc. 842; (3) 3 Cyc. 185.