Town of Shirley v. Brewer

Indiana Court of Appeals

Town of Shirley v. Brewer

90 N.E. 21, 44 Ind. App. 664, 1909 Ind. App. LEXIS 233

CourtIndiana Court of Appeals

DecidedDecember 8, 1909

DocketNo. 6,581

StatusPublished

This text of 90 N.E. 21 (Town of Shirley v. Brewer) 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

Town of Shirley v. Brewer, 90 N.E. 21, 44 Ind. App. 664, 1909 Ind. App. LEXIS 233 (Ind. Ct. App. 1909).

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Opinion

Hadley, J.

This cause was submitted July 29, 1907. On September 23 appellant obtained thirty days additional time in which to file briefs. On October 28 appellant filed its briefs. This was ninety-one days from the date of submission. Under rule twenty-one the cause should have been dismissed by the clerk on October 28, since appellant’s briefs were not filed within the time limited. That the clerk did not enter such dismissal, cannot help appellant’s case. Smith v. Wells Mfg. Co. (1896), 144 Ind. 266; Cole v. Franks (1897), 147 Ind. 281.

Appellee, on December 24, filed a brief, and in said brief called attention to this condition. This was within the year from the date of the judgment, and furnished appellant with notice that his appeal would be dismissed. A new appeal could then have been taken. Under the rule, from which there is no deviation, the appeal should have been dismissed.

Appeal dismissed.

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Hadley, J.

This cause was submitted July 29, 1907. On September 23 appellant obtained thirty days additional time in which to file briefs. On October 28 appellant filed its briefs. This was ninety-one days from the date of submission. Under rule twenty-one the cause should have been dismissed by the clerk on October 28, since appellant’s briefs were not filed within the time limited. That the clerk did not enter such dismissal, cannot help appellant’s case. Smith v. Wells Mfg. Co. (1896), 144 Ind. 266; Cole v. Franks (1897), 147 Ind. 281.

Appellee, on December 24, filed a brief, and in said brief called attention to this condition. This was within the year from the date of the judgment, and furnished appellant with notice that his appeal would be dismissed. A new appeal could then have been taken. Under the rule, from which there is no deviation, the appeal should have been dismissed.

Appeal dismissed.

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Bluebook (online)

90 N.E. 21, 44 Ind. App. 664, 1909 Ind. App. LEXIS 233, Counsel Stack Legal Research, https://law.counselstack.com/opinion/town-of-shirley-v-brewer-indctapp-1909.

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