Cook v. Ernsberger

Appellant sought an appeal to the Circuit Court of Kosciusko County from a judgment rendered against him in a justice of the peace court within that county. Thirty days having elapsed since the rendition of the judgment in the justice of the peace court, appellant attempted to invoke the provision of the statute (§5-1006 Burns 1933, §1936 Baldwin’s 1934), which provides that “Appeals may be authorized by the circuit court after the expiration of thirty (30) days when the party seeking the appeal has been prevented from taking the same by circumstances not under his control” by filing a…