Western & Southern Life Ins. Co. v. Lottes

• Court: Indiana Appellate Court
• Citation: Western & Southern Life Ins. Co. v. Lottes, 63 N.E.2d 146, 116 Ind.App. 559 (Ind. App. 1945)
• Decision Date: 22 October 1945
• Docket Number: 17424.
• Parties: WESTERN & SOUTHERN LIFE INS. CO. et al. v. LOTTES.

63 N.E.2d 146

116 Ind.App. 559

WESTERN & SOUTHERN LIFE INS. CO. et al. v. LOTTES.

No. 17424.

Appellate Court of Indiana, in Banc.

October 22, 1945

Appeal from Dubois Circuit Court; Eldo W. Wood, Judge.

Hatfield, Meyer, Fine & Hatfield, of Evansville, for appellants.

Louis A. Savage, of Jasper, for appellee.

ROYSE Chief Judge.

Appellee has filed a motion to dismiss this appeal on the following grounds: 'An appeal in this cause to the Appellate Court was granted by the Dubois Circuit Court upon condition that appellants file an appeal bond in the penal sum of Three Thousand Dollars ($3,000.00) with the Continental Casualty Company as surety thereon, and the appellant, Lee M. Potts, has failed to file an appeal bond.'

In her memorandum brief in support of this motion she contends the Supreme Court has not provided by rule that appeals may be taken without the filing of an appeal bond and therefore the statute providing for the filing of an appeal bond as a prerequisite to the taking of an appeal is still in force. Citing, Board of Public Safety of City of Muncie et al. v. Walling et al., 1934, 206 Ind. 540, 187 N.E. 385.

Rule 2-3, Rules of the Supreme Court (1943 Revision), provides, in part, as follows:

'Distinctions between term-time and vacation appeals are abolished. * * * An appeal shall be initiated by filing in the office of the Clerk below a praecipe designating what is to be embraced in the transcript. In all cases the appellate tribunal may order such notice to the parties in interest as the ends of justice may require. * * * Enforcement of a judgment will be suspended during an appeal upon the giving of an adequate appeal bond with approved sureties. Prior to the filing of the transcript for appeal such bond shall...