Leeper v. Wilson

The subject matter of this appeal heretofore was considered by this court in 1960, 130 Ind. App. 326, 163 N. E. 2d 254; and by our Supreme Court in the same year, 240 Ind. 522, 166 N. E. 2d 863. In the first mentioned instance this court dismissed the appeal for the reason that the same was not timely filed; in the second, our Supreme Court dissolved a temporary writ of prohibition, denied a permanent writ, and held that an original action filed in that court could not be used as a substitute for an appeal.

We refer to the facts set forth in the opinions in the above cited opinions; however, a…