Western & Southern Life Ins. Co. v. Lottes
| Decision Date | 22 October 1945 |
| Docket Number | 17424. |
| Court | Indiana Appellate Court |
| Parties | WESTERN & SOUTHERN LIFE INS. CO. et al. v. LOTTES. |
Appeal from Dubois Circuit Court; Eldo W. Wood, Judge.
Hatfield, Meyer, Fine & Hatfield, of Evansville, for appellants.
Louis A. Savage, of Jasper, for appellee.
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:
.
This rule makes it unnecessary to file an appeal bond. The only purpose of an appeal bond is to stay execution on the judgment.
It has not been our custom nor are we required to file written opinions on motions to dismiss appeals where the same are overruled. We do so in this instance only because the motion herein involves the construction of the Rules on a question that heretofore has had no expressed judicial interpretation. Phillips v. Townsend, 1944, Ind.App., 56 N.E.2d 856; Superior Realty & Building Co. v. First...
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...Pa. 97, 187 A. 403, 107 A.L.R. 178; Colorado Life Co. v. Teague, 117 S.W.2d 849 (Tex.Civ.App.). See also Western & Southern Life Ins. Co. v. Lottes, 116 Ind.App. 559, 63 N.E.2d 146, 64 N.E.2d 405, 805. There is also some authority to the contrary. See Maddox v. Life & Casualty Ins. Co. of T......
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Western & Southern Life Ins. Co. v. Lottes
...first-named defendant affirmed upon condition of remittitur, and otherwise the judgment reversed with instructions. See also, Ind.App. 63 N.E.2d 146. [64 N.E.2d 405]Hatfield, Meyer, Fine & Hatfield, of Evansville, for appellants.Louis A. Savage, of Jasper, and John R. Ax, of Huntingburg, fo......
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Hiatt v. Trucking, Inc., 18231
...this statement in evidence. Kelley v. Dickerson, 1938, 213 Ind. 624, 638, 639, 13 N.E.2d 535; Western & Southern Life Ins. Co. v. Lottes, 1946, 116 Ind.App. 559, 574, 63 N.E.2d 146, 64 N.E.2d 405, 64 N.E.2d The decision is sustained by sufficient evidence and is not contrary to law. Finding......