Williamson v. Von Hake

Indiana Court of Appeals

Williamson v. Von Hake

115 N.E. 337, 64 Ind. App. 137, 1917 Ind. App. LEXIS 42

CourtIndiana Court of Appeals

DecidedMarch 16, 1917

DocketNo. 9,726

StatusPublished

Cited by1 cases

This text of 115 N.E. 337 (Williamson v. Von Hake) 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

Williamson v. Von Hake, 115 N.E. 337, 64 Ind. App. 137, 1917 Ind. App. LEXIS 42 (Ind. Ct. App. 1917).

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Opinion

Ibach, P. J.

This is an attempted appeal from a judgment rendered in favor of appellee, defendant below, on February 26, 1916. Appellees appear specially and' move the court to dismiss the appeal on the ground that the appeal was not taken within the time allowed by statute.

The transcript with the assignment of errors was not filed in this court until August 25, 1916, more than 180 days from the time the judgment was rendered. Section 672 Burns 1914, Acts 1913 p. 65, provides: “Appeals in all cases hereafter tried must be taken within one hundred eighty (180) days from the time the judgment is rendered.” It has been held that where a mo[138]*138tion for new trial is filed the limitation begins to run from the time of the overruling of such motion. In this case, however, the questions sought to be presented arise on the exceptions to the conclusions of law and no motion for new trial was filed. It follows that the appeal is not taken within time and this court is without jurisdiction to entertain the appeal. Shay v. Horn (1914), 57 Ind. App. 116, 106 N. E. 544; Thomas v. Thomas (1915), 61 Ind. App. 101, 110 N. E. 573. Appeal dismissed.

Note. — Reported in 115 N. E. 337.

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Ibach, P. J.

This is an attempted appeal from a judgment rendered in favor of appellee, defendant below, on February 26, 1916. Appellees appear specially and' move the court to dismiss the appeal on the ground that the appeal was not taken within the time allowed by statute.

The transcript with the assignment of errors was not filed in this court until August 25, 1916, more than 180 days from the time the judgment was rendered. Section 672 Burns 1914, Acts 1913 p. 65, provides: “Appeals in all cases hereafter tried must be taken within one hundred eighty (180) days from the time the judgment is rendered.” It has been held that where a mo[138]*138tion for new trial is filed the limitation begins to run from the time of the overruling of such motion. In this case, however, the questions sought to be presented arise on the exceptions to the conclusions of law and no motion for new trial was filed. It follows that the appeal is not taken within time and this court is without jurisdiction to entertain the appeal. Shay v. Horn (1914), 57 Ind. App. 116, 106 N. E. 544; Thomas v. Thomas (1915), 61 Ind. App. 101, 110 N. E. 573. Appeal dismissed.

Note. — Reported in 115 N. E. 337.

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Bluebook (online)

115 N.E. 337, 64 Ind. App. 137, 1917 Ind. App. LEXIS 42, Counsel Stack Legal Research, https://law.counselstack.com/opinion/williamson-v-von-hake-indctapp-1917.

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