Calumet Teaming & Trucking Co. v. Young

This is an appeal from an action to review a judgment for error under § 2-2604 et seq., Burns’ 1933, § 428 et seq., Baldwin’s 1934. There was judgment setting aside and vacating the original judgment.

Appellee moved to dismiss the appeal on the ground that the judgment presently appealed from was rendered after the time had expired within which an appeal might have been taken from the original judgment. The rule which appellee, seeks to invoke applies to attempted appeals by the plaintiff in the action to review. Talge Mahogany Co. v. Astoria Mahogany Co. (1924), 195 Ind. 433, 141 N. E. 50,…