Opinion
No. 17,036.
Filed October 2, 1942.
1. APPEAL — Record — Bill of Exceptions — Insertion in Transcript After Clerk's Certificate — Effect. — Where a document, attached to the transcript, which purports to be a bill of exceptions containing the evidence is inserted in the transcript after the clerk's certificate, and is not certified by that official, it is not a part of the record. p. 136.
2. APPEAL — Record — Petition to Order Clerk to Correct — Filing After Time for Taking Appeal Expired — Effect. — A petition by appellant for an order to the clerk of the lower court to correct the transcript, filed after the time for appeal has expired, is filed too late. p. 136.
From the Hancock Circuit Court; John B. Hinchman, Judge.
Proceedings between Doyle Radcliff and Leonard J. Meishberger. From an adverse judgment, Doyle Radcliff appealed.
Affirmed. By the court in banc.
E. James Hayth, Roy W. McIntosh, and Cecil A. Taylor, all of Indianapolis, and Arthur C. Van Duyn, of Greenfield, for appellant.
Samuel J. Offutt, of Greenfield, George C. Forrey III, and White, Wright Boleman, all of Indianapolis, for appellee.
The only questions herein presented require an examination of the evidence and that is not before us. The document attached to the transcript 1. which purports to be an original bill of exceptions containing the evidence is inserted in the transcript after the clerk's certificate, is not certified by that official and is therefore not a part of the record. Pahmeier v. Rogers (1936), 102 Ind. App. 480, 1 N.E.2d 287; Mercantile Discount Corp. v. Clark (1922), 78 Ind. App. 313, 135 N.E. 490.
On August 31, 1942, the appellant filed a petition in this court praying that this court issue an order to the clerk of Hancock Circuit Court directing and commanding him to 2. certify to this court the original bill of exceptions containing the evidence filed in the trial court. The record discloses that appellant's motion for a new trial was overruled May 8, 1942. Therefore his time for taking an appeal expired on August 6, 1942. His petition for an order to the clerk to correct the transcript, coming after the time for appeal has expired, is too late. Pahmeier v. Rogers, supra.
Judgment affirmed.
NOTE. — Reported in 43 N.E.2d 874.