Opinion
No. 15,013.
Filed November 2, 1933. Motion to set aside dismissal denied February 7, 1934.
APPEAL — Vacation Appeal — Failure to Give Notice — Dismissal. — Where vacation appeal remained on file in the Appellate Court for more than 90 days with no attempt to obtain service upon appellee, the appeal was dismissed upon appellee's motion therefor under special appearance.
From Sullivan Circuit Court; Amorine M. Wilson, Special Judge.
Appeal by Central Building and Loan Association from judgment in favor of Stella Barker, wherein appellee filed a motion to discuss the appeal. Appeal dismissed. By the court in banc.
Ora D. Davis and Charles D. Hunt, for appellant.
Ernest E. Cummings, for appellee.
This is an attempted vacation appeal from a final judgment which was rendered on March 27th, 1933. This case has remained upon the docket, of this court, for more than ninety days and no attempt has been made to obtain service upon the appellee. The appellee has entered a special appearance for the purpose of filing a motion to dismiss and such motion is now sustained under rule 36 of this court.