Vancleave v. Wolf

4 Citing cases

  1. McCloud v. Truax

    11 N.E.2d 517 (Ind. Ct. App. 1937)

    Under Section 2-3204 Burns 1933, Section 480 Baldwin's Ind. St. 1934, as amended Acts 1935, ch. 253, p. 1277, in order to perfect a term time appeal the following steps must be taken: (1) 3. Time must be asked during the term at which the judgment was rendered to file an appeal bond and it must be granted during that term; (2) either the bond must be filed and the sureties thereon approved by the court during that term or the penalty of the bond and the time allowed for filing it must be fixed and the surety or sureties named and approved by the court during term; (3) the bond with the named surety or sureties approved by the court during term must be filed within the time allowed; (4) the transcript of the record must be filed in the office of the clerk of the Supreme Court within sixty days after the filing of the bond, unless an extension of time for filing the same is obtained in the manner provided by statute. Lovett v. Citizens etc., Bank, supra; Van Cleave v. Wolf (1934), 98 Ind. App. 650, 190 N.E. 371. The only steps taken to perfect a term time appeal appear in the record after the entry showing the overruling of appellant's motion for a new trial in the following language "and now 4-6. said Lawrence McCloud prays an appeal to the Appellate Court of Indiana which is granted, and sixty days are given and granted to said Lawrence McCloud in which to file bond and bills of exceptions, and appeal bond is fixed in the penalty of $100."

  2. Peoples State Bank v. Bankers Trust Co.

    4 N.E.2d 674 (Ind. Ct. App. 1936)   Cited 4 times

    In National Surety Company v. Button (1908), 41 Ind. App. 301, 307, 83 N.E. 644, this court said: "The legislature has prescribed the steps necessary to an appeal, and by the provisions made the courts are bound." See also: Brown v. Brown (1907), 168 Ind. 654, 80 N.E. 535; Bechtell v. The Central, etc., Engineering Co. (1914), 182 Ind. 568, 107 N.E. 73; Sindlinger v. Mitchell, supra; Bostick v. Barnes (1933), 97 Ind. App. 73, 185 N.E. 664; Vancleave v. Wolf (1934), 98 Ind. App. 650, 190 N.E. 371. It was the duty of appellants, if they desired to have this case reviewed on appeal, to bring all necessary parties into court by some method authorized by statute.

  3. Zonker v. Zonker

    102 Ind. App. 631 (Ind. Ct. App. 1936)   Cited 1 times

    This contention is correct. See Penn. Am. Plate Glass Co. v. Poling (1912), 52 Ind. App. 492, 494, 100 N.E. 83, and cases there cited; Coxe Bros. Co. v. Foley (1914), 58 Ind. App. 584, 107 N.E. 85; Tuttle v. Fowler (1914), 183 Ind. 99, 107 N.E. 674; Vancleave v. Wolf (1933), 98 Ind. App. 650, 190 N.E. 371. But appellants contend that this appeal was perfected under the Probate Statute, and, therefore, this court has jurisdiction, however § 6-2001, Burns 1933, being § 3277, Baldwin's 1934, 3. and Acts 1881 (Spec.

  4. Straber v. Schmaltz

    4 N.E.2d 593 (Ind. Ct. App. 1936)   Cited 1 times

    As the court did not 1. name and approve any sureties or fix the penalty of the bond during the term at which the motion for new trial was overruled it follows that a term-time appeal was not perfected and this court has no jurisdiction under the attempted term-time appeal. Penn. Am. Plate Glass Co. v. Poling, Admx. (1912), 52 Ind. App. 492, 100 N.E. 83, and cases there cited. Coxe Bros. Co. v. Foley (1914), 58 Ind. App. 584, 107 N.E. 85; Tuttle v. Fowler (1914), 183 Ind. 99, 107 N.E. 674; Vancleave v. Wolf (1933), 98 Ind. App. 650, 190 N.E. 371. The appellants' attempted term-time appeal therefore failed and no attempt having been made to perfect a vacation appeal 2. and the time for so perfecting having expired, this appeal is dismissed.