Opinion
No. 28,485.
Filed November 17, 1948.
APPEAL — Requisites to Effect Appeal — Filing Appeal Bond — Failure — Appeal Dismissed. — Where an appeal bond had not been filed by appellant as required by statute, a motion to dismiss the appeal from an interlocutory order refusing to grant a temporary injunction would be sustained. Burns' 1946 Replacement, § 2-3219.
From the Lake Circuit Court; Homer E. Sackett, Judge.
Action by Willie Barnes against Julia Henry Williams for a temporary injunction. From an interlocutory order denying such injunction, the plaintiff appeals. On appellee's motion to dismiss the appeal.
Motion granted.
Edgar J. Call of Gary and Dean J. Call of Evansville, attorneys for appellant.
Blaz A. Lucas and Ellis C. Bush, both of Gary, attorneys for appellee.
This is an attempt to appeal from an interlocutory order refusing to grant a temporary injunction. Appellant has failed to file an appeal bond as provided by § 2-3219 Burns' 1933, 1946 Replacement. For this reason, among others, appellee has moved to dismiss this appeal.
Upon the authority of Seymour v. M. Ewing Fox Co. (1922), 191 Ind. 510, 133 N.E. 832 this motion is sustained and this appeal is dismissed.
NOTE. — Reported in 82 N.E.2d 255.