Straber v. Schmaltz

Kime, C. J. —

This is an attempted term-time appeal from a judgment rendered on February 16, 1934. The motion for new trial was overruled on March 2, 1935. Appellees have entered a special appearance and filed a motion to dismiss on the ground that appellants have not complied with the statute authorizing a term-time appeal nor was notice given as required to perfect a vacation appeal. The record discloses the following entry made on March 2, 1935: “And now said plaintiffs pray an appeal to the Appellate Court of Indiana, and ask thirty days to file appeal bond, and the court now grants said…