State Ex Rel. Miller v. Appellate Court

There is an appeal pending in the Appellate Court of Indiana numbered 17,043 in which relators herein are appellees and respondent, James L. Gavin, is appellant. The appellees, contending that the appeal grows out of a matter connected with a decedent’s estate and is controlled by § 6-2001, Burns’ 1933, § 3277, Baldwin’s 1934, filed their motion to dismiss the appeal because of appellant’s failure to file appeal bond. The Appellate Court overruled the motion. By their petition entitled “petition for writ of mandate and prohibition” the appellees now ask us to order the Appellate Court to…