Powers v. Cleveland, Cincinnati, Chicago & St. Louis Railway Co.

—A demurrer to appellant’s complaint was sustained October 10, 1927. On May 26, 1928, ap- ■ pellant having refused to plead further, judgment was rendered in favor of the defendant. Notice of appeal was served on the clerk of the trial court and on the attorney who represented appellee in the trial court, on November 21, 1928. The transcript and assignment of errors were filed in this court November 24, 1928, 182 days after the rendition of the judgment.

Section 696, Burns 1926, §640 Civil Code, as amended by Chapter 36, Acts 1913, p. 65, provides that appeals in all cases must be taken within…