Doak v. Root & McBride Co.

Appellee appears specially and files its motion to dismiss the appeal. The motion is based upon the following grounds: The notice of appeal was served by appellant on the clerk of the Vigo Circuit Court and on the attorneys of appellee on the 18th day of July, 1899, and the transcript was not filed with the clerk of this court until April 30, 1900, more than sixty days after the service of said notice. (2) The cause was appealed in vacation and there has been no appearance by appellee and since the filing of the transcript more than ninety days have elapsed and the appellant has made no…