Keller v. Hatfield, 17393.
| Decision Date | 31 August 1945 |
| Docket Number | No. 17393.,17393. |
| Parties | KELLER v. HATFIELD. |
| Court | Indiana Appellate Court |
OPINION TEXT STARTS HERE
Appeal from Marion Superior Court; Emsley W. Johnson, Jr., Judge.
Action between George B. Keller, doing business under the name of Keller's Irvington Texaco Service, and Harry D. Hatfield, wherein George B. Keller appealed from an adverse judgment. On appellee's motion to dismiss the appeal.
Appeal dismissed.
Raymond Demaree, of Indianapolis, for appellant.
Clyde P. Miller, of Indianapolis, for appellee.
Appellee, on July 14, 1945, filed his motion to dismiss this appeal for the reason the assignment of errors and transcript of the record were filed in this court more than ninety days after the trial court overruled appellant's motion for a new trial. Appellant has not filed a brief or other answer in opposition to this motion.
The record discloses that after judgment the trial court overruled appellant's motion for a new trial March 13, 1945. The assignment of errors and transcript were filed in this court on June 13, 1945, ninety-two days after the ruling on the motion for a new trial. Appellant filed no motion or petition for an extension of time in which to file the transcript. Rule 2-2, Rules of the Supreme Court of Indiana, provides in part as follows:
‘In all appeals and reviews the assignment of errors and transcript of the record must be filed in the office of the Clerk of the Supreme Court within 90 days from the date of the judgment or the ruling on the motion for a new trial, unless the statute under which the appeal or review is taken fixes a shorter time, in which latter event the statute shall control.’
Appellant, having failed to comply with this rule, appellee's motion to dismiss must be sustained. Bard v. Cline, 1942, 111 Ind.App. 146, 40 N.E.2d 996.
Therefore, this appeal is dismissed.
To continue reading
Request your trial
-
Johns v. State
...97 Ind.App. 638, 640, 185 N.E. 869; Taughinbaugh v. State of Indiana, 1928, 88 Ind.App. 160, 161, 163 N.E. 599; Keller v. Hatfield, 1945, 116 Ind. 105, 106, 62 N.E.2d 400. In Vail v. Page, supra [175 Ind. 126, 93 N.E. 706], Judge Douglas Morris, speaking for this court, said, 'Without discu......
-
Tourkow v. Hoover
...supra; Bard v. Cline, 1942, 111 Ind.App. 146, 40 N.E.2d 996; Isley v. Isley, 1944, 115 Ind.App. 69, 56 N.E.2d 513; Keller v. Hatfield, 1945, 116 Ind.App. 105, 62 N.E.2d 400; Bachelder v. Parker, 1947, 118 Ind.App. 66, 74 N.E.2d 926. The filing of the transcript and assignment of errors with......
-
General Finance Corp. v. Smith, 18353
...it was the duty of appellant to perfect an appeal within ninety days from the rendition of judgment in No. B-76908. Keller v. Hatfield, 1945, 116 Ind.App. 105, 62 N.E.2d 400; State ex rel. Hock v. Circuit Court of Morgan County, 1949, 118 Ind.App. 676, 83 N.E.2d 51. Failure to do this depri......
-
Keller v. Hatfield
...62 N.E.2d 400 116 Ind.App. 105 KELLER v. HATFIELD. No. 17393.Appellate Court of Indiana, in Banc.August 31, Appeal from Marion Superior Court; Emsley W. Johnson, Jr., Judge. Action between George B. Keller, doing business under the name of Keller's Irvington Texaco Service, and Harry D. Hat......