O'Mara v. Wabash Railroad

This was a vacation appeal. The transcript was filed, and a notice was issued by the clerk of this court and served upon an attorney for the appellee. No other notice was issued, and no other service was had or sought. Under section 652, Burns’ R. S. 1894 (640, R. S. 1881), this notice would not be sufficient to give this court jurisdiction of the appellee. Hazelton v. DePriest, 143 Ind. 368; Tate v. Hamlin, 149 Ind. 94.

The appellee, in support of its motion to dismiss the appeal, insists that the act of 1897, Acts 1897, p. 277, purporting to amend section 640 above referred to, and providing…