Opinion
No. 14,361.
Filed November 27, 1931. As modified January 15, 1932.
APPEALS — Time for Taking — Transcript Filed on 181st Day After Judgment — That Day not Sunday — Appeal not Taken in Time. — Where the transcript was filed on the 181st day after the final judgment was rendered and that day was not Sunday, the appeal was not taken in time and must be dismissed.
From Vanderburgh Circuit Court; Edwin C. Henning, Judge.
Action between Edward C. Schrieber and another and the Peoples Building and Loan Association. From the judgment rendered, the former appealed. Appeal dismissed. By the court in banc.
William D. Hardy, for appellants.
Isadore J. Fine, for appellee.
On motion to dismiss, the appellee calls attention to the fact that the motion for a new trial herein was overruled October 23, 1930, the appellants, evidently attempting a vacation appeal, filed their transcript and bill of exceptions with assignment of error thereon in the office of the clerk of this court on April 22, 1931. Our attention is called to the fact that April 21, 1931, was not a Sabbath day. Thus, it clearly appears that the appeal was not taken within 180 days as required by § 696 Burns 1926. Treloar v. Harris (1917), 65 Ind. App. 22, 116 N.E. 590; Rusk v. Kokomo Steel, etc., Co. (1918), 68 Ind. App. 627, 121 N.E. 87; Indianapolis, etc., Traction Co. v. Long (1920), 73 Ind. App. 390, 127 N.E. 565.
On the authority of the above-cited cases, this attempted appeal is dismissed, at the costs of appellants, and it is so ordered.