Opinion
No. 19,893.
Filed January 10, 1963.
APPEAL — Motion to Dismiss — Failure to File Cross-Errors. — Appellate Court will sustain appellant's motion to dismiss an appeal where appellee has not filed cross-errors.
From the Marion Superior Court.
Appellant, State of Indiana, appeals from an adverse judgment in favor of appellees, Douglas Chapius and James D. Hankins.
Appeal dismissed.
Edwin K. Steers, Attorney General, for appellant.
Samuel Fuller and Murray, Mannon, Fairchild Stewart, of Indianapolis, for appellees.
This matter is now before us upon the appellant's motion to dismiss appeal.
It appearing from the record in the cause now before us that the appellee has not filed cross errors in said cause, and the court being duly advised in the premises, now sustains the appellant's motion to dismiss said appeal.
Appeal dismissed.
NOTE. — Reported in 187 N.E.2d 105.