Michigan City v. Williamson, No. 27441.

Docket NºNo. 27441.
Citation217 Ind. 598, 28 N.E.2d 961
Case DateSeptember 16, 1940
CourtSupreme Court of Indiana

217 Ind. 598
28 N.E.2d 961

MICHIGAN CITY
v.
WILLIAMSON.

No. 27441.

Supreme Court of Indiana.

Sept. 16, 1940.


Proceeding by Claude Williamson against Michigan City, Indiana, to review an order of the Board of Public Works and Safety of Michigan City dismissing plaintiff from its police force, wherein a judgment was entered to the effect that the order of dismissal was illegal. A petition for rehearing was denied, and the city thereafter filed a motion to modify the judgment which was overruled, and the city appeals. On motion to dismiss the appeal.

Motion granted.

[28 N.E.2d 961]

Appeal from LaPorte Circuit Court, Wirt Worden, Judge.
Theron Miller, of Michigan City, for appellant.

J. Edwin Smith, of Gary, for appellee.


SHAKE, Judge.

On January 26, 1940, the LaPorte Circuit Court entered a judgment in an action therein pending to the effect that an order of the board of public works and safety of Michigan City dismissing the appellee from its police force was entered without affording the appellee a fair hearing and that said order of dismissal was illegal. On February 1 the city filed a petition for a rehearing, which was denied on the same day. Thereafter, on February 8, the city filed a motion to modify the judgment, which was overruled on April 8. The city thereupon prayed an appeal to this court and the transcript was filed on July 6, 1940. The appellee has moved to dismiss on the ground that the appeal was not taken within 90 days, as required by rule 1 of this court adopted on June 21, 1937. If time is to be computed from the date when the judgment was entered or the motion for rehearing was denied, the appeal comes too late, but if it runs from the overruling of the motion to modify, the case is properly before us.

The appellant relies primarily upon Pittsburgh, etc., R. Co. v. Kearns, 1920, 191 Ind. 1, 128 N.E. 42. In that case, which was an ordinary civil action, this court held that the filing of a motion to modify a judgment during the term at which it is rendered suspends and postpones the finality of the judgment until the motion is ruled upon. The conclusion was reached that a motion to modify made while the case is in fieri is a direct attack and prevents the judgment from becoming such a final determination as will cause the time for taking an appeal to begin to run. It is to be noted, however,

[28 N.E.2d 962]

that the proceeding which resulted in the judgment from which relief is here sought is special. The statute provides, among...

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10 practice notes
  • Clouser v. Mock, No. 29594
    • United States
    • Indiana Supreme Court of Indiana
    • 26 Enero 1959
    ...appeal, nor to reopen issues once settled, after such lapse of time as took place in this case. City of Michigan City v. Williamson, 1940, 217 Ind. 598, 600, 28 N.E.2d 961; Blagetz v. Blagetz, 1941, 109 Ind.App. 662, 665, 37 N.E.2d On the other side, it is urged by the appellants that they ......
  • Indiana State Personnel Board v. Parkman, No. 20675
    • United States
    • Indiana Court of Appeals of Indiana
    • 19 Febrero 1968
    ...Parker, 1947, 118 Ind.App. 66, 74 N.E.2d 926; Zimmerman v. Zumpfe, 1941, 218 Ind. 476, 33 N.E.2d 102; Michigan City v. Williamson, 1940, 217 Ind. 598, 28 N.E.2d 961. The case of Pittsburgh, etc. C.C. & St. L.R. Co. v. Kearns, 1920, 191 Ind. 1, 128 N.E. 42, on extending time for appeal must ......
  • Indiana Alcoholic Beverage Commission v. Biltz, No. 20745
    • United States
    • Indiana Court of Appeals of Indiana
    • 27 Marzo 1968
    ...Parker, 1947, 118 Ind.App. 66, 74 N.E.2d 926; Zimmerman v. Zumpfe, 1941, 218 Ind. 476, 33 N.E.2d 102; Michigan City v. Williamson, 1940, 217 Ind. 598, 28 N.E.2d 961. The case of Pittsburg, etc. C.C. & St. L.R. Co. v. Kearns, 1920, 191 Ind. 1, 128 N.E. 42, on extending time for appeal must b......
  • Indiana Alcoholic Beverage Commission v. B & T Distributors, Inc., No. 20492
    • United States
    • Indiana Court of Appeals of Indiana
    • 11 Julio 1967
    ...Parker, 1947, 118 Ind.App. 66, 74 N.E.2d 926; Zimmerman v. Zumpfe, 1941, 218 Ind. 476, 33 N.E.2d 102; Michigan City v. Williamson, 1940, 217 Ind. 598, 28 N.E.2d 961. The [141 Ind.App. 346] case of Pittsburgh, etc. C.C. & St. L.R. Co. v. Kearns, 1920, 191 Ind. 1, 128 N.E. 42, on extending ti......
  • Request a trial to view additional results
10 cases
  • Clouser v. Mock, No. 29594
    • United States
    • Indiana Supreme Court of Indiana
    • 26 Enero 1959
    ...appeal, nor to reopen issues once settled, after such lapse of time as took place in this case. City of Michigan City v. Williamson, 1940, 217 Ind. 598, 600, 28 N.E.2d 961; Blagetz v. Blagetz, 1941, 109 Ind.App. 662, 665, 37 N.E.2d On the other side, it is urged by the appellants that they ......
  • Indiana State Personnel Board v. Parkman, No. 20675
    • United States
    • Indiana Court of Appeals of Indiana
    • 19 Febrero 1968
    ...Parker, 1947, 118 Ind.App. 66, 74 N.E.2d 926; Zimmerman v. Zumpfe, 1941, 218 Ind. 476, 33 N.E.2d 102; Michigan City v. Williamson, 1940, 217 Ind. 598, 28 N.E.2d 961. The case of Pittsburgh, etc. C.C. & St. L.R. Co. v. Kearns, 1920, 191 Ind. 1, 128 N.E. 42, on extending time for appeal m......
  • Indiana Alcoholic Beverage Commission v. Biltz, No. 20745
    • United States
    • Indiana Court of Appeals of Indiana
    • 27 Marzo 1968
    ...Parker, 1947, 118 Ind.App. 66, 74 N.E.2d 926; Zimmerman v. Zumpfe, 1941, 218 Ind. 476, 33 N.E.2d 102; Michigan City v. Williamson, 1940, 217 Ind. 598, 28 N.E.2d 961. The case of Pittsburg, etc. C.C. & St. L.R. Co. v. Kearns, 1920, 191 Ind. 1, 128 N.E. 42, on extending time for appeal mu......
  • Indiana Alcoholic Beverage Commission v. B & T Distributors, Inc., No. 20492
    • United States
    • Indiana Court of Appeals of Indiana
    • 11 Julio 1967
    ...Parker, 1947, 118 Ind.App. 66, 74 N.E.2d 926; Zimmerman v. Zumpfe, 1941, 218 Ind. 476, 33 N.E.2d 102; Michigan City v. Williamson, 1940, 217 Ind. 598, 28 N.E.2d 961. The [141 Ind.App. 346] case of Pittsburgh, etc. C.C. & St. L.R. Co. v. Kearns, 1920, 191 Ind. 1, 128 N.E. 42, on extendin......
  • Request a trial to view additional results

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