Legal Opinion

Kyger v. Stallings

Indiana Court of Appeals

Decided December 16, 1913No. 8,102PublishedCited by 4 opinions

Prom Knox Circuit Court; Orlando H. Cobb, Judge. Action by Joseph S. Stallings against Catherine P. Kyger. Prom a judgment for plaintiff, the defendant appeals.

1Opinion of the CourtIbach, J.

1. This was a term time appeal. At the term of court when the motion for new trial was overruled, an appeal was granted, the court fixed the penalty of the appeal bond, and gave thirty days’ time to file the same with surety to the approval of the court, but did not name or approve the sureties on the bond at the time. Within the time allowed by the court, but at its next term, the’ bond was filed and approved. Appellee has moved the dismissal of the appeal for the reason that the sureties were not named and approved during the term at which judgment was rendered, claiming that failure to do…

2Cases cited5 opinions

  1. Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. SmithIndiana Supreme Court · 1912
  2. Fudge v. MarquellIndiana Supreme Court · 1904
  3. Kelley v. KelleyIndiana Court of Appeals · 1893
  4. Penn American Plate Glass Co. v. PolingIndiana Court of Appeals · 1912
  5. Working v. GarnIndiana Supreme Court · 1897

3Cited by4 opinions

  1. Equitable Surety Co. v. TaylorIndiana Court of Appeals · 1918
  2. Tuttle v. FowlerIndiana Supreme Court · 1915
  3. W. C. Hall Milling Co. v. HewesIndiana Court of Appeals · 1914
  4. Rohrbaugh v. LeasIndiana Court of Appeals · 1917

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