Swartzell v. Herrin

This appeal was filed in the Supreme Court on June 2, 1967. On October 25, 1967, appellees filed their motion that this appeal be dismissed, or, in the alternative, that the judgment be affirmed. On January 2, 1968, the Supreme Court entered an order taking appellees’ motion to dismiss or affirm under advisement. On November 14, 1968, this appeal was transferred to the Appellate Court.

Rule 2-6, Rules of the Supreme Court of Indiana, 1967 Revision, as amended, and numerous recent opinions of both the Supreme Court and this court have clarified the proper procedure in appealing from summary…