Kinney v. Heuring
Indiana Court of Appeals
Prom Superior Court of Marion County (71,286); James M. Leathers, Judge. Suit by Martha E. Heuring against Collie E. Kinney, as trustee, and others. Prom a decree for plaintiff, defendant Kinney appeals. On motion to dismiss appeal.
1Per curiam
Appellee movés to dismiss the appeal for the reason that the transcript was not filed within the time fixed by statute. The time for taking appeals under §672 Burns 1908, §633 R. S. 1881, begins to run from the date that the motion for a new trial of the cause is overruled. Joyce v. Dickey (1885), 104 Ind. 183; Moon v. Cline (1895), 11 Ind. App. 460; New York, etc., R. Co. v. Doane (1886), 105 Ind. 92. In the case at bar the motion for a new trial was overruled May 17, 1907, the transcript was filed May 18, 1908. The statute (§1350 Burns 1908, §1280 R. S. 1881) provides that, the time within…
2Cases cited2 opinions
- New York, Chicago & St. Louis Railroad v. DoaneIndiana Supreme Court · 1886
- Joyce v. DickeyIndiana Supreme Court · 1885
3Cited by4 opinions
- Styles v. DickeyNorth Dakota Supreme Court · 1912
- Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co. v. JohnsonIndiana Court of Appeals · 1911
- Sommers v. AdelmanSupreme Court of Connecticut · 1916
- Crouch v. ShantzIndiana Court of Appeals · 1916