Opinion
No. 15,820.
Filed January 19, 1937.
APPEAL — Proceedings for Transfer — Term Appeal — Bond and Approval of Surety. — Attempted term appeal was unavailing where the sureties on the appeal bond were not named and approved by the court during the term at which judgment was rendered, and required dismissal when no steps were taken thereafter to perfect the appeal as a vacation appeal.
From Franklin Circuit Court; Roscoe C. O'Byrne, Judge.
Action between Cecil C. Tague and others and The Friendship State Bank. From an adverse judgment, the former parties appealed. Appeal dismissed. By the court in banc.
Tague McCarty, for appellants.
Creigmile Creigmile, for appellee.
This is an attempted term time appeal from a judgment of the Franklin Circuit Court, rendered upon the 14th day of March, 1936, being the thirty-sixth judicial day of the February term, 1936, of said court.
Appellee has filed a motion to dismiss the appeal predicated upon the ground, first, that the appellants failed to comply with the provisions of Sec. 2-3204 Burns 1933, § 480 Baldwin's 1934, for perfecting a term time appeal, in that they did not have the sureties on their appeal bond named and approved by the court during the term at which the judgment was rendered from which they seek to appeal; second, that the record in this cause was filed in the office of the clerk of this court upon July 13, 1936, that no steps were ever taken before or after the filing of said record to perfect a vacation appeal as required by our code of civil procedure or the rules of this court.
The record sustains both of appellees' contentions so the appeal is therefore dismissed.