Shay v. Horn
Indiana Court of Appeals
From Howard Circuit Court; A. B. Kirkpatrick, Special Judge. Action by Lncy E. Shay against James T. Horn and others. From the judgment rendered, the plaintiff appeals.
1Opinion of the CourtShea, J.
1. A motion to dismiss this appeal as not having been filed within the year provided by statute is very earnestly presented. Sections 670, 672 Burns 1908, §§631, 633 R. S. 1881, provide that an appeal to this court must be taken within one year from the time judgment was rendered. If the facts in this case disclose that the judgment was rendered more than one year prior to the date of the appeal the case must be dismissed.
The entry showing the judgment was dated July 11, 1910, and reads as follows: “Come now the parties by counsel and the plaintiff does now dismiss her complaint as to .the…
2Cited by2 opinions
- Steel v. YoderIndiana Court of Appeals · 1915
- Williamson v. Von HakeIndiana Court of Appeals · 1917