Chadbourne v. Chadbourne

Indiana Court of Appeals

Chadbourne v. Chadbourne

168 N.E. 584, 90 Ind. App. 270, 1929 Ind. App. LEXIS 310

CourtIndiana Court of Appeals

DecidedNovember 14, 1929

DocketNo. 13,569.

StatusPublished

This text of 168 N.E. 584 (Chadbourne v. Chadbourne) is published on Counsel Stack Legal Research, covering Indiana Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Chadbourne v. Chadbourne, 168 N.E. 584, 90 Ind. App. 270, 1929 Ind. App. LEXIS 310 (Ind. Ct. App. 1929).

Pincite

Opinion

McMahan, C. J.

This is an action by Nellie Chadbourne against Charles W. Chadbourne for divorce. The defendant, being a nonresident of the state, was notified of the pendency of the action by publication. The defendant was defaulted, after which the prosecuting attorney, in behalf of and in the name of the State, resisted and defended the action. From a judgment denying a divorce, the plaintiff appealed.

This is a vacation appeal. The transcript was filed with the clerk of this court February 26, 1929. The *271 only notice of this appeal was one given the prosecuting attorney on January 22, 1929. No other notice of the appeal has been given, and no steps have been taken to give any other notice.

Section 700 Burns 1926, §635 Civil Code, makes provision for vacation appeals and provides that such an appeal may be taken by the service of a notice in writing on the adverse party or his attorney, and also on the clerk of the trial court, or by filing the transcript in the office of the clerk of this court, who shall indorse thereon the time of filing, and issue a notice of the appeal to the appellee. When a party undertakes to give notice of appeal before the transcript is filed, the notice must not only be served on the appellee or his attorney, but it must also be served on the clerk of the court from which the appeal is taken. Thompson v. Thompson Stone Co. (1924), 81 Ind. App. 442, 144 N. E. 150. No notice of this appeal having been given to the clerk of the trial court, we are not required to determine the effect of the notice to the prosecuting attorney.

Appeal dismissed.

Free access — add to your briefcase to read the full text and ask questions with AI

McMahan, C. J.

This is an action by Nellie Chadbourne against Charles W. Chadbourne for divorce. The defendant, being a nonresident of the state, was notified of the pendency of the action by publication. The defendant was defaulted, after which the prosecuting attorney, in behalf of and in the name of the State, resisted and defended the action. From a judgment denying a divorce, the plaintiff appealed.

This is a vacation appeal. The transcript was filed with the clerk of this court February 26, 1929. The *271 only notice of this appeal was one given the prosecuting attorney on January 22, 1929. No other notice of the appeal has been given, and no steps have been taken to give any other notice.

Section 700 Burns 1926, §635 Civil Code, makes provision for vacation appeals and provides that such an appeal may be taken by the service of a notice in writing on the adverse party or his attorney, and also on the clerk of the trial court, or by filing the transcript in the office of the clerk of this court, who shall indorse thereon the time of filing, and issue a notice of the appeal to the appellee. When a party undertakes to give notice of appeal before the transcript is filed, the notice must not only be served on the appellee or his attorney, but it must also be served on the clerk of the court from which the appeal is taken. Thompson v. Thompson Stone Co. (1924), 81 Ind. App. 442, 144 N. E. 150. No notice of this appeal having been given to the clerk of the trial court, we are not required to determine the effect of the notice to the prosecuting attorney.

Appeal dismissed.

Cite This Page — Counsel Stack

Bluebook (online)

168 N.E. 584, 90 Ind. App. 270, 1929 Ind. App. LEXIS 310, Counsel Stack Legal Research, https://law.counselstack.com/opinion/chadbourne-v-chadbourne-indctapp-1929.

Opinion

Related

Cite This Page — Counsel Stack