[Acts 1921, p. 741. In force March 11, 1921.]

1392a. Appeals from interlocutory order.-1. An appeal to the supreme court may be taken from an interlocutory order of any circuit, superior or probate court or judge thereof, in the following

cases:

First: For the payment of money or to compel the execution of any instrument of writing, or the delivery or assignment of any securities, evidences of debt, documents or things in action.

Second: For the delivery of the possession of real property or the sale thereof.

Third: Granting or refusing to grant, or dissolving or overruling motions to dissolve temporary injunctions, either in term or in vacation.

Fourth: Orders and judgments upon writs of habeas corpus made in terms or in vacation.

13926. Time for appeal, bond, transcript.-2. Such appeal may be taken only within thirty (30) days from the date of the interlocutory order appealed from. To perfect such appeal the appellant shall file an appeal bond as in cases of term appeals from final judgments, and shall file his transcript and assignments of errors, all within the said period of thirty (30) days.

1392c. Stay of proceedings.-3. Such appeal shall not stay proceedings upon the order appealed from more than thirty days, unless the supreme court or some judge thereof shall otherwise order.

1392d. Application of act of 1881.-4. Except as herein otherwise provided, such appeals shall be governed by the provisions of "An act concerning proceedings in civil cases" approved April 7th, 1881, and subsequent acts amendatory thereto.

Section 5 of the above act provides that the act be in force and effect from and after its passage.

1394. Appellate court decisions final-Transfer to supreme court. When the appellate court transfers a case to the supreme court with a recommendation that a decision of the supreme court be overruled, the supreme court will not consider the question when the facts in the case transferred do not bring it within the rule of law decided in the case that is recommended to be overruled. Summers v. Summers, 179 Ind. 8, 100 N. E. 71.

See note to section 7335.

If the decisions of the supreme court are in conflict as to a question involved, the appellate court may follow those cases which seem to it to be supported by the better reason and authority. State v. Tuesburg Land Co., — Ind. —, 111 N. E. 342. Decisions of the supreme court of the state are binding on the appellate court, except as provided in this section. Stout v. Stout, — App. —, 114 N. E. 473. A petition to transfer a cause from the appellate court to the supreme court must allege facts necessary to bring it within the statutory provisions without the necessity of the supreme court examining the record to determine such facts, in

view of this section and section 1392. In re Aurora Gas Light & Coke Co., 186 Ind. 690, 115 N. E. 673.

1397. Erroneous appeal, transfer.

When the supreme court orders that a case appealed to such court be transferred to the appellate court, it is in effect a decision that the appellate court has jurisdiction of the case. Logansport etc. Exchange v. Sands, 54 App. 562, 101 N. E. 19.

See note to section 1392.

A petition to transfer a case to the supreme court will be granted where the question of jurisdiction is doubtful, and the judgment of dismissal of the appellate court will have to be set aside for errors. Nation v. Green, 65 App. 136, 116 N. E. 840.

The appellate court has no jurisdiction of an appeal from a will contest. Kretzer v. Gross, App. 118 N. E. 977.

1399. Appeals to appellate court-Powers.

Under this section a case must be transferred to the supreme court where four judges of the appellate court do not concur in determining an appeal submitted to the entire court. Ferrell v. Hunt, App. -, 123 N. E. 230.

1405.

Transfer of cause to supreme court.

Upon the transfer of a case from the appellate court to the supreme court, the supreme court has the same jurisdiction as had the appellate court, including the power to re-examine the ruling of the appellate court upon a motion to dismiss the appeal. Cushman v. Hussey, Ind. 117 N. E. 963.

Under this section, the supreme court has the same jurisdiction of cases transferred from the appellate court as the appellate court had, including power to reexamine the ruling of the appellate court on the motion to dismiss. Cushman v. Hussey, 187 Ind. 228, 118 N. E. 816.

1418. Rehearing-Certifying judgments.

There is no statute or rule of practice authorizing the same party to file more than one petition for a rehearing in the same case. Marion Light etc. Co.

v. Vermillion, 51 App. 677, 99 N. E. 55, 100 N. E. 100.

1429. Transfer of cases to supreme court.

This section implies that the appellate court is only an intermediate tribunal, and that it shall be governed by the law as declared by the supreme court. Curless v. Watson, 180 Ind. 86, 102 N. E. 497.

Under this section and sections 2724, 2737, 3161, 3162, the circuit court of a county has exclusive jurisdiction in the contest of a will, where it admitted the will to probate, and the superior court of the county has no jurisdiction of a suit contesting such will. Marchant v. Olson, 184 Ind. 17, 110 N. E. 200.

1438. Jurisdiction, court first assuming.

When the subject-matter of a suit is situate in two or more counties, the court first taking jurisdiction retains the same. Lake Shore etc. R. Co. v. Clough, 182 Ind. 178, 104 N. E. 975, 105 N. E. 905.

In view of this section and section 309, where plaintiff's premises in one county were flooded by the construction of a dam in another county, the court of the county in which the land was located had jurisdiction of an action for damages, for under the circumstances venue could be laid in either county. Overmeyer v. Barnett, App. 123 N. E. 654.

1450. Record of proceedings.

If a judgment is rendered and a record thereof is made but is not read in open court and signed by the judge, such record may afterwards be read and signed and the record ordered corrected by a nunc pro tunc entry and the judgment enforced as of the date of its rendition. Pittsburgh etc. R. Co. v. Johnson, 52 App. 457, 99 N. E. 508.

See note to section 606.

1451. Signing record of proceedings.

When the record of the proceedings of a court is signed by the successor of the judge before whom the proceedings were had, such signing relates back to the time the proceedings occurred and were entered of record. Pittsburgh etc. R. Co. v. Johnson, 49 App. 126, 93 N. E. 683, 95 N. E. 610; 52 App. 457, 99 N. E. 508. See note to section 606.

1461. Circuits and terms of courts.

Adams county, 26th circuit.

Terms, 1st Monday of February, 2d Monday of April, 1st Monday of September and 3d Monday of November, 9 weeks.

Allen county, 38th circuit.

Acts 1897, p. 96, and 1903, p. 15.

Terms, 1st Monday of February, 3d Monday of April, 1st Monday of September and 3d Monday of November, 10 weeks. Acts 1875, p. 47.

See section 1604 for terms of criminal court.

Bartholomew county, 9th circuit.

Terms, 1st Monday of each calendar month except August. The July term shall continue so long as the business shall require and each of the other terms until and including the Saturday preceding the first Monday of the succeeding month. Acts 1919, p. 25.

Benton county, 21st circuit. (Including Warren county.) Terms, on Monday following courts in Warren county, and continuing 5 weeks, except January terms which begin on the 2d Monday of January and last 5 weeks.

Acts 1911, p. 601.

(Including Wells county.)

Blackford county, 28th circuit.
Terms, on Mondays following courts in Wells county, to continue

5 weeks.

Acts 1893, p. 313, and 1905, p. 32.

Boone county, 20th circuit.

Terms, 1st Mondays of January and April, 2d Monday of September, and to continue as long as necessary. Acts 1883, p. 58, and 1911, p. 38.

Brown county, 8th circuit. (Including Johnson county.)

Terms, 1st Monday of September, 3 weeks; 1st Monday of December, 2 weeks; 1st Monday of March, 2 weeks; 3d Monday of June, to continue as long as necessary. Acts 1913, p. 615.

Carroll county, 39th circuit. (Including White county.)

Terms, on Mondays following the February, April and September terms in White county, and the 1st Monday of January after the November term in White county, 5 weeks.

Cass county, 29th circuit.

Acts Spec. Sess. 1877, p. 31, and 1913, p. 258.

Terms, 1st Mondays of January, April, September and November; January and April terms 12 weeks, September and November terms 8 weeks.

Clark county, 4th circuit.

Acts 1881, p. 104.

Terms, 3d Monday of April, 2d Monday of September, 3d Monday of November and 3d Monday of February and to continue as long as necessary. Acts 1897, p. 55, and 1915, p. 358.

Clay county, 13th circuit.

Terms, beginning on the 1st Mondays of January, March, May, September and November, 8 weeks. Acts 1911, p. 83.

Clinton county, 45th circuit.

Terms, 2d Monday of January, 1st Monday of April, and the 3d Monday of September, and to continue as long as necessary, but April term to close by 4th Saturday of June. Acts 1883, p. 58, and 1903, p. 206. Crawford county, 3d circuit. (Including Harrison county.)

Terms, 1st Mondays of February, June, October and December and continue 2 weeks if the business of the court requires, excepting that the October and December terms shall continue for 3 weeks if the business of the court requires.

Acts 1921, p. 112.

Daviess county, 49th circuit. (Including Martin county.)
Terms, 1st Mondays in February and September, 4th Monday in
April and 3d Monday in November. February and September terms
6 weeks, April and November terms 5 weeks.

Acts 1885, p. 119, and 1907, p. 4.

Dearborn county, 7th circuit. (Including Ohio county.)

Terms, 1st Monday of January, 4th Mondays of March and May, and 1st Monday of October, 6 weeks.

Acts 1897, p. 203.

Decatur county, 69th circuit.

Terms, 1st Mondays of February, May, September and November and continue until the next succeeding term if the business of the court requires it. Acts 1919, p. 25.

DeKalb county, 35th circuit. (Including Steuben county.)
Terms, 1st Monday of March, 3d Monday of May, 1st Monday of
October, and 3d Monday of December, to continue until beginning of
terms in Steuben county.
Acts 1889, p. 61.

Delaware county, 46th circuit.

Terms, 1st Mondays of January, April and September, and to continue as long as necessary. Acts 1885, p. 50, and 1895, p. 156.

Dubois county, 57th circuit. (Including Pike county.) Terms, 1st Monday of January, 4th Monday of March, 1st Monday of June and 1st Monday of October, 4 weeks.

Acts 1895, p. 164, and 1913, p. 13.

Elkhart county, 34th circuit. (Including Lagrange county.)
Terms, on 4th Mondays after beginning of court in Lagrange
county, 6 weeks.
Acts 1873, p. 88, and 1885, p. 95.

Fayette county, 73rd circuit.

Terms, 1st Mondays of September, January and May, and continue so long as the business requires.

Floyd county, 52d circuit.

Acts 1921, p. 592.

Terms, 1st Monday of January, 2d Monday of March, 2d Monday of May and 1st Monday of October, terms 6 weeks, except October term may be 8 weeks. Acts 1889, p. 39, and 1911, p. 307.

Fountain county, 61st circuit.

Terms, 4th Monday of September, 12 weeks; 1st Monday of January, 12 weeks; 1st Monday of April, 12 weeks if necessary.

Acts 1905, p. 119, and 1913, p. 737.

Franklin county, 37th circuit. (Including Union county.)

Terms, 1st Monday of September, 3rd Monday of November, 1st Monday of February and 4th Monday of April and continue 6 weeks if the business requires. Acts 1921, p. 592.

Fulton county, 41st circuit. (Including Marshall county.)

Terms, on Mondays succeeding the terms in the county of Marshall. Terms begin in Marshall county on the 3d Monday of September and last 5 weeks, and then the terms in each county succeed each other and last 5 weeks. Acts 1875, p. 48, and 1911, p. 470.

Gibson county, 66th circuit.

Terms, 2d Monday in January, 1st Monday in March, 1st Monday