Rich v. Public Service Co.
Rich v. Public Service Co.
Opinion of the Court
This is an attempt by appellant to appeal from a judgment denying her a permanent injunction against appellee.
Appellee has filed its motion to dismiss on the grounds the special findings of fact and conclusions of law were made and filed by the trial court on May 16, 1952. Appellant’s motion for new trial was filed October 3, 1952, more than thirty days after the filing of the special findings of fact. An examination of the record discloses
The record discloses the judgment of the trial court was rendered June 27, 1952. The motion for a new trial was overruled October 6, 1952. The assignment of error and transcript was filed in this court January 14, 1953, or more than ninety days after the ruling on the motion for a new trial. Therefore, even if the motion for a new trial had been timely filed and such ruling assigned as error here, the appeal was filed in this court too late. Rule 2-2, Rules of the Supreme Court.
Appeal dismissed.
Note. — Reported in 110 N. E. 2d 907.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.