Board of Commissioners v. Tincher Motor Car Co.
Indiana Court of Appeals
Action by the Tincher Motor Car Company and others against the Board of Commissioners of the County of Saint Joseph. From a judgment for plaintiffs, defendant appeals.
1Opinion of the CourtHottel, J.
Appellant has attempted to perfect a term-time appeal. Its transcript was filed in this court on September 5, 1911, which appellant concedes was the sixty-first day after the filing of its appeal bond.
Appellee on December 6, 1911, filed its motion to dismiss the appeal, on the ground that it was perfected too late to constitute a term-time appeal, and that more than ninety days had expired since the filing of said transcript, and no service had been had or attempted to be had on appellee.
The sixtieth day after the filing by appellant of its appeal bond was Labor day, and appellant insists…
2Cases cited1 opinion
- Nebraska National Bank v. PennockNebraska Supreme Court · 1899
3Cited by5 opinions
- State Ex Rel. Putnam v. HolmSupreme Court of Minnesota · 1927
- Howeisen v. ChapmanIndiana Supreme Court · 1924
- Smith v. HartIndiana Supreme Court · 1923
- Crouch v. ShantzIndiana Court of Appeals · 1916
- Clark v. DeCampIndiana Court of Appeals · 1922