Legal Opinion

Perkins v. Indiana Manufacturing Co.

Indiana Court of Appeals

Decided March 10, 1915No. 9,127PublishedCited by 7 opinions

From Clark Circuit Court; Harry C. Montgomery, Judge. Action between Edgar A. Perkins and others and the Indiana Manufacturing Company and another. From a judgment for the latter, the former appeal, and the appellee named moves for a dismissal of the appeal.

1Opinion of the CourtCaldwell, P. J.

1. This cause was appealed originally to the Supreme Court. It has been transferred to this court, by reason of the jurisdiction being here. It is now presented on the motion of appellee, Indiana Manufacturing Company, to dismiss the appeal. The motion, as submitted for our consideration, is based on the alleged ground that appellants failed to serve on the clerk of the trial court a written notice of the appeal. The cause in this court belongs to that class known as vacation appeals. The statute provides two procedures in the taking of such an appeal, either of which may be followed by an…

2Cases cited13 opinions

  1. Lowe v. TurpieIndiana Supreme Court · 1896
  2. Summers v. StateIndiana Supreme Court · 1875
  3. Doerr ex rel. Rowan v. Southwestern Mutual Life Ass'nSupreme Court of Iowa · 1894
  4. Burk v. SimonsonIndiana Supreme Court · 1885
  5. Eaton v. Supervisors of Manitowoc CountyWisconsin Supreme Court · 1877

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3Cited by7 opinions

  1. Miller, Etc. v. Ortman, Etc.Indiana Supreme Court · 1956
  2. Lock Joint Tube Co. v. Citizens Trust & Savings BankIndiana Supreme Court · 1941
  3. MILLS CASTOR v. City of WinchesterIndiana Court of Appeals · 1959
  4. Neff v. City of IndianapolisIndiana Supreme Court · 1935
  5. State Ex Rel. Rainey v. Board of TrusteesIndiana Supreme Court · 1964

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