McGuire v. Review Bd. of Ind. Employment Sec. Division, No. 18212
| Docket Nº | No. 18212 |
| Citation | 121 Ind.App. 377, 99 N.E.2d 263 |
| Case Date | June 07, 1951 |
| Court | Court of Appeals of Indiana |
Page 263
v.
REVIEW BOARD OF INDIANA EMPLOYMENT SECURITY DIVISION et al.
[121 Ind.App. 378]
Page 264
Richard L. Wilder, Bloomington, for appellant.Glen F. Kline, Chief Counsel, Indianapolis, J. Emmett McManamon, Atty. Gen., for appellees.
WILTROUT, Judge.
On February 15, 1951, the Review Board entered its decision against appellant on her claim for benefits under the Indiana Employment Security[121 Ind.App. 379] Act. Such decision was mailed to all interested parties on February 20, 1951. Appellant, within a period of fifteen days thereafter, filed her notice of an intention to appeal such decision.
Section 52-1542k, Burns' 1951 Replacement, provides that: 'Either party to the dispute may, within thirty (30) days after notice of intention to appeal as herein provided, appeal the decision to the Appellate Court for errors of law under the same terms and conditions as govern appeals in ordinary civil actions.'
It was not until May 15, 1951 (sixty-nine days after notice of intention to appeal), that appellant submitted the trancript and assignment of errors for filing. No extension of time within which to file the transcript and assignment of errors was requested or granted.
Appellant, in opposing appellees' motion to dismiss, seeks to show that the failure to file within the statutory time was due to accident and excusable mistake of appellant's counsel.
It is shown by affidavit that on April 5, 1951, two days prior to the expiration of the time for filing the transcript and assignment of errors, appellant's counsel appeared in the office of the Clerk of the Supreme Court with such documents in his possession and with the intention of then and there filing the same. Feeling that it was necessary to file said documents within thirty days from the date of the notice of intention to appeal, and knowing that but two days yet remained before such deadline, and being desirous of utilizing the fullest of time allotted, he inquired of a deputy clerk as to the practice relating to the filing of appeals. The deputy clerk informed him that while he could file the transcript and assignment of errors at that time, there was no need to do so immediately or on the 7th day of April 1951, and that filing on that day would make the briefs thereupon due within thirty days from that day; [121 Ind.App. 380] that the deputy clerk did not believe that the...
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Tourkow v. Hoover, No. 18345
...107 N.E. 85; Union Trust Co., Exr. v. Burke, 1937, 104 Ind.App. 353, [122 Ind.App. 680] 11 N.E.2d 55; McGuire v. Review Board, 1951, 121 Ind.App. 377, 99 N.E.2d Furthermore, it has been held to constitute an excuse that the mistake must be one of fact and not of law. Chicago, etc. R. Co. v.......
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83 Hawai'i 50, Bank of Hawaii v. Shaw, No. 16787
...to properly serve the United States Attorney pursuant to FRCP Rule 4(j)); 7 McGuire v. Review Bd. of Indiana Employment Sec. Div., 121 Ind.App. 377, 99 N.E.2d 263 (Ind.App.1951) (holding that a lawyer was not entitled to rely on a court clerk's advice on interpreting statutes or rules of co......
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Means v. Seif Material Handling Co., No. 2--672A27
...584, 107 N.E. 85; Union Trust Co., Exr. v. Burke (1937), 104 Ind.App. 353, 11 N.E.2d 55; McGuire v. Review Board, Emp. Sec. Div. (1951), 121 Ind.App. 377, 99 N.E.2d See also Indiana Personnel Board v. Parkman (1967), 140 Ind.App. 308, 223 N.E.2d 352. Page 898 Appellant here, however, has no......
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Osborn v. Review Bd. of Indiana Employment Sec. Division, No. 2-177A24
...Review Bd. of Ind. Emp. Sec. Div. (1974), 159 Ind.App. 282, 306 N.E.2d 140 (same); McGuire v. Review Bd. of Ind. Emp. Sec. Div. (1951), 121 Ind.App. 377, 99 N.E.2d 263 (failure to timely perfect appeal). In sum, the fact-finding process of the Board was at an end and the case was now set fo......
-
Tourkow v. Hoover, No. 18345
...107 N.E. 85; Union Trust Co., Exr. v. Burke, 1937, 104 Ind.App. 353, [122 Ind.App. 680] 11 N.E.2d 55; McGuire v. Review Board, 1951, 121 Ind.App. 377, 99 N.E.2d Furthermore, it has been held to constitute an excuse that the mistake must be one of fact and not of law. Chicago, etc. R. Co. v.......
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83 Hawai'i 50, Bank of Hawaii v. Shaw, No. 16787
...to properly serve the United States Attorney pursuant to FRCP Rule 4(j)); 7 McGuire v. Review Bd. of Indiana Employment Sec. Div., 121 Ind.App. 377, 99 N.E.2d 263 (Ind.App.1951) (holding that a lawyer was not entitled to rely on a court clerk's advice on interpreting statutes or rules of co......
-
Means v. Seif Material Handling Co., No. 2--672A27
...584, 107 N.E. 85; Union Trust Co., Exr. v. Burke (1937), 104 Ind.App. 353, 11 N.E.2d 55; McGuire v. Review Board, Emp. Sec. Div. (1951), 121 Ind.App. 377, 99 N.E.2d See also Indiana Personnel Board v. Parkman (1967), 140 Ind.App. 308, 223 N.E.2d 352. Page 898 Appellant here, however, has no......
-
Osborn v. Review Bd. of Indiana Employment Sec. Division, No. 2-177A24
...Review Bd. of Ind. Emp. Sec. Div. (1974), 159 Ind.App. 282, 306 N.E.2d 140 (same); McGuire v. Review Bd. of Ind. Emp. Sec. Div. (1951), 121 Ind.App. 377, 99 N.E.2d 263 (failure to timely perfect appeal). In sum, the fact-finding process of the Board was at an end and the case was now set fo......