Gaeth v. Hack, Rec.

Wood, J. —

It is the duty of the court, in every appeal, to first determine whether it has jurisdiction of the cause, and this is so, whether the question is presented for consideration of the court by the parties or not, and if, upon an examination of the record, it appears to the court that it does not have jurisdiction of the cause it must dismiss the appeal on its own motion. Michigan, etc., Co. v. Frankel (1898), 151 Ind. 534, 50 N. E. 304; Fitch v. Long (1902), 29 Ind. App. 463, 64 N. E. 622; Everett Piano Co. v. Bash (1903), 31 Ind. App. 498, 68 N. E. 329; Lakey v. Leich (1905), 37 Ind.…