Western & Southern Life Insurance v. Lottes

Opinion On Motion to Dismiss.

Royse, C. J.

Appellee has filed a motion to dismiss this appeal on the following grounds: “An appeal in this cause to the Appellate Court was granted by the Dubois Circuit Court upon condition that appellants file an appeal bond in the penal sum of Three Thousand Dollars ($3,000.00) with the Continental Casualty Company as surety thereon, and the appellant; Lee M. Potts, has failed to file an appeal bond.”

In her memorandum brief in support of this motion she contends the Supreme Court has not provided by-rule that appeals may be taken without the filing of an…