Bowers v. Thornburg, 30134
| Citation | 242 Ind. 272,177 N.E.2d 665 |
| Decision Date | 03 November 1961 |
| Docket Number | No. 30134,30134 |
| Parties | Donald BOWERS, Harry Wagner, T. A. Hawkins, Charles Case, Appellants, v. Clyde THORNBURG et al., Appellees. |
| Court | Supreme Court of Indiana |
Paul F. Brady, Indianapolis, George W. Brady, Muncie, for appellants.
E. Meeks Cockerill, Zane E. Stohler, William R. Hunter, Winchester, for appellees.
This is an appeal from an alleged interlocutory order refusing to grant a temporary injunction.
Appellees have filed a motion to dismiss because the assignment of errors and transcript of the record were not filed either within thirty days from the date of the order as provided for appeals from interlocutory orders, or within ninety days of the order if it is considered to be a final judgment.
The order from which the appeal is prosecuted was entered on May 1, 1961. The assignment of errors and transcript were filed in the office of the clerk of this court on August 15, 1961. Under these circumstances it is not necessary for us to determine whether or not the order from which the appeal is taken is interlocutory or final since the assignment of errors was not filed within the time prescribed in either case.
It is apparent, on the face of the record before us, that the assignment of errors and the transcript of the record were not filed within the time required by statute 1 and the rules of this court, and the appeal must, therefore, be dismissed.
Appellee's motion to dismiss is sustained and the appeal is dismissed.
1 No petition for extension of time within which to file assignmnt of errors and transcript of record was filed in this case.
To continue reading
Request your trial
-
Eggers v. Wright
...Barker v. State (1961), 242 Ind. 5, 175 N.E.2d 353; Deckard v. State (1961), 241 Ind. 338, 170 N.E.2d 424; Bowers et al. v. Thornburg et al. (1961), 242 Ind. 272, 177 N.E.2d 665; Meier, etc. v. Soc. Sec. Adm. et al. (1958), 237 Ind. 421, 146 N.E.2d 239; Higginson v. State (1957), 237 Ind. 2......
-
Wadkins v. Thornton
...file the transcript within the time required deprives the reviewing court of jurisdiction to entertain the appeal. Bowers v. Thornburg, (1961) 242 Ind. 272, 177 N.E.2d 665. Relief from this 90-day deadline can be obtained only by filing a petition for extension of time with this court, purs......
-
Washington v. Chrysler Corp., 685
...the appeal will be dismissed. Many cases hold that timely filing is said to be a jurisdictional act. See Bowers et al. v. Thornburg et al. (1961) 242 Ind. 272, 177 N.E.2d 665, and § 2471, Flanagan, Wiltrout & Hamilton's, Indiana Trial and Appellate Practice, pocket supp. and authorities the......
-
Brindle v. Anglin, 30804
...with Rule 2-2 of this court. Transfer accepted. Appeal dismissed. JACKSON, C. J., concurs in result. 1 e. g. Bowers, et al. v. Thornburg, et al. (1961), 242 Ind. 272, 177 N.E.2d 665; Meier v. Soc. Sec. Adm. et al. (1958), 237 Ind. 421, 146 N.E.2d 239; Higginson v. State (1957) 237 Ind. 256,......